Published AAO appeal decisions

An IT project manager with advanced degree claims NIW to establish healthcare consulting company. AAO dismissed appeal, finding although underlying EB-2 eligibility established, proposed endeavor lacks national importance; job creation projections insufficient without evidence of regional or national economic impact.

A business administrator with advanced degree seeks EB-2 NIW classification. Petitioner established substantial merit but failed to demonstrate national importance of proposed consulting endeavor. Work would benefit direct clients only without broader industry impact. Appeal dismissed under first Dhanasar prong.

A barber and entrepreneur sought EB-2 NIW to establish a barbershop and school. The AAO dismissed a third motion to reopen and reconsider, finding the petitioner failed to demonstrate national importance of the endeavor and did not meet criteria for exceptional ability; new industry articles about barber shops did not specifically address this applicant's particular proposed endeavor.

Aviation consultant seeks EB-2 with national interest waiver. Claimed proposed company would provide economic revitalization, employment, and advance aviation safety. AAO held endeavor lacks national importance: limited employment potential, no evidence of industry-wide impact, and unsubstantiated claims about safety and sustainability.

An industrial production management consultant self-petitioning for EB-2 NIW sought to establish a consulting business providing operational efficiency services. The AAO affirmed denial because the proposed endeavor lacked demonstrated national importance beyond local business impacts and employment projections, failing the first Dhanasar prong.

CEO of automobile detailing and product retail company claims NIW for business expansion to New Jersey and California. AAO held endeavor lacks national importance; vague expansion plans without specific locations prevent establishing significant employment or economic effects.

HR manager and entrepreneur sought EB-2 NIW to establish consulting firm. AAO found she lacked advanced degree equivalency and that her proposed endeavor, though having substantial merit, failed to demonstrate national importance because it would not impact the HR field broadly or generate substantial economic effects beyond her future clients.

Market researcher sought EB-2 NIW, claiming proposed market research endeavor would benefit industry and public via peer-reviewed publications. AAO found no evidence of national importance; the endeavor's effects would be confined to employer and clients, lacking broader implications required by Dhanasar.

HR director seeking NIW for small business startup. Petitioner reargued previous positions on national importance without new facts or legal errors. AAO dismissed third motion to reconsider, finding evidence of business plan, expert opinion, and client letters already analyzed and found insufficient.

A CEO of a healthcare consulting firm sought EB-2 NIW classification. The AAO found her proposed endeavor addressing rural healthcare access lacked national importance because she did not demonstrate how it would impact her field broadly beyond individual clients, and past achievements do not establish endeavor importance under Dhanasar.

A swimming pool company executive with a master's degree in linguistic sciences sought EB-2 NIW classification. The petitioner's proposed endeavor was operating a swimming pool company. The AAO affirmed that work benefiting a single employer and its clients lacks national importance without demonstrating broader field implications or substantial economic effects.

Human resources management consultant proposed consulting business targeting oil and gas sector. Petitioner established substantial merit but failed to demonstrate national importance; evidence emphasized industry importance rather than specific impact of proposed endeavor beyond unidentified clients.

A social and community service manager and entrepreneur sought EB-2 NIW classification. The AAO dismissed the appeal, finding the petitioner failed to establish that her proposed endeavor had national importance under Dhanasar's first prong, focusing on broader prospective impact rather than industry or profession importance.

Contact center entrepreneur seeks NIW to operate call center service provider. AAO dismissed appeal, finding petitioner did not establish national importance of proposed endeavor. While services may benefit government clients, they lack innovation or evidence of broader industry impact or economic significance beyond company and direct clients.

Logistics management consultant seeking EB-2 NIW for supply chain and trade consulting work. AAO dismissed appeal; petitioner failed to demonstrate national importance despite claims about supply chain resilience and Brazil trade relations, as projections showed only 15 employees versus industry baseline of 13.3 million.

An employer petitioned for an EB-2 national interest waiver for a strategic project manager. The AAO found the petitioner was not qualified as an advanced degree professional due to insufficient undergraduate credentials, and the proposed endeavor lacked demonstrated national importance beyond the specific business and its clients. Appeal dismissed.

Business management and marketing specialist with master's degree in MBA sought EB-2 NIW for substance abuse prevention consulting company. SCOPS approved advanced degree qualification. AAO found services did not extend beyond individual clients to impact field broadly, lacked innovation, and insufficient job creation or economic benefit.

Advanced degree professional seeks NIW for business endeavor supporting small and medium-sized enterprises. Claimed alignment with U.S. government initiatives and economic benefits would establish national importance. AAO found vague assertions without specific details or probative evidence of broader industry impact; merely working in important field insufficient without demonstrating specific endeavor's national importance.

Entrepreneur and financial expert sought EB-2 NIW for business valuation and marketing venture. AAO held proposed endeavor, though addressing retirement and economic growth, lacks national importance; unsupported assertions and lack of specific prospective impact failed Dhanasar prong one.

Health and safety specialist sought EB-2 exceptional ability and NIW based on proposed safety app development. Service Center found exceptional ability met three criteria but no degree of expertise significantly above field. AAO held proposed endeavor lacks national importance: app benefits only petitioner's employer and clients, not broader industry or public; field importance does not equal endeavor importance.

Business consultant proposed consulting company with focus on sustainable practices and support for minority-owned businesses. Petitioner failed to demonstrate national importance despite alignment with government priorities; services appeared limited to individual businesses without evidence of broader field-wide impact.

Sales manager with advanced degree sought EB-2 NIW. AAO held the proposed endeavor lacks national importance despite substantial merit; petitioner failed to demonstrate prospective national impact or substantial economic effects beyond local operations, failing Dhanasar prong one and thus the waiver.

A business manager seeking EB-2 with national interest waiver for her financial management company failed to show national importance. Despite claims about financial literacy programs and addressing economic challenges, she presented no evidence of broader field impact or unique innovation commensurate with national importance.

An event planner and manager seeks a national interest waiver to establish an event management company in Florida. The AAO dismissed the appeal because the petitioner failed to demonstrate the proposed endeavor has national importance, lacking specific evidence of substantial economic effects, job creation at regional or national scale, or broader field impact.

Pharmacy business owner sought EB-2 NIW classification with advanced degree. Petitioner claimed endeavor in economically depressed area would create jobs and benefit U.S. economy. AAO held proposed endeavor lacks national importance because specific store locations unestablished, impact limited to immediate company and clients, and generalized industry information does not demonstrate broader implications.