Published AAO appeal decisions

An administrative and financial manager sought EB-2 NIW for managing Brazilian business operations. The AAO dismissed because the evidence failed to show national importance; the work lacked implications beyond the specific employer and clients, rising only to company-specific benefit rather than national impact.

Sales manager with advanced degree sought NIW under Dhanasar. AAO found proposed endeavor has substantial merit but lacks national importance, as sales management activities would not extend beyond employer or impact tourism industry broadly or generate substantial U.S. job creation.

Business analyst with oil, gas, and real estate industry experience seeks NIW. Petitioner claimed endeavor addresses worker shortage and enhances U.S. competitiveness. AAO dismissed appeal, finding no demonstrable national importance; economic benefits not connected to specific prospective impact beyond particular employers or clients.

Chief executive with Spanish education sought NIW for EB-2. AAO found foreign education credentials insufficiently documented for U.S. equivalency, failing to establish underlying EB-2 qualification. Additionally, proposed endeavor in IT consulting and business development lacked demonstrated national importance.

Marketing manager sought NIW based on EB-2 exceptional ability. AAO found she qualified for underlying EB-2 but dismissed NIW appeal because she materially changed her proposed endeavor from marketing management to business ownership and autism-related services, and failed to identify a specific, coherent endeavor with national importance.

A general manager with an advanced degree sought an EB-2 national interest waiver for a business consulting venture in mergers, acquisitions, and foreign direct investment. The AAO found the proposed endeavor lacked national importance despite stated job creation intentions, as evidence showed limited prospective impact beyond immediate clientele.

Marketing manager with advanced degree sought NIW waiver for EB-2 classification to operate marketing companies. AAO held proposed endeavor lacked national importance under Dhanasar first prong; petitioner's marketing services, though valuable to his clients, do not extend beyond his companies and clientele to impact field or economy nationally.

General and operations professional with advanced degree sought EB-2 national interest waiver. AAO dismissed appeal, holding proposed plant management and operations consulting work has substantial merit but lacks national importance; insufficient evidence of economic benefit beyond specific company and clients.

Business management consultant sought EB-2 advanced degree with NIW to operate consulting firm facilitating U.S.-Brazil business expansion. AAO dismissed appeal, finding petitioner failed first Dhanasar prong; proposed endeavor of four to eight direct employees lacks national importance and broader implications required for substantial positive economic effect.

Senior vice president of real estate and interior design company seeks NIW as EB-2 advanced degree professional. Claimed substantial merit and national importance of real estate development and interior design services. AAO found substantial merit but no national importance; work lacks sufficient economic impact or broader field implications warranting national interest waiver.

Travel management specialist seeking NIW for self-employed tourism consulting business. Claimed national importance in tourism industry. AAO dismissed because proposed endeavor lacked demonstrated national importance; general industry significance does not establish applicant's specific business has national impact beyond limited clientele.

A manager proposed opening a restaurant in Florida. The AAO dismissed the appeal because the petitioner failed to demonstrate that the specific restaurant venture had national importance or substantial positive economic effects beyond local impact under Dhanasar's first prong.

A security management specialist sought an EB-2 national interest waiver for a business endeavor. The service center denied the petition, finding no national importance. On appeal, the petitioner raised only general claims of legal error without addressing specific findings, and submitted a post-filing document. The AAO summarily dismissed for failing to identify erroneous conclusions.

An HR manager with advanced degree seeks NIW for EB-2. AAO dismissed because petitioner failed to articulate specific proposed endeavor beyond general field of HR management; lacks demonstrated national importance for waiver eligibility.

Entrepreneur founder of retail shops seeking NIW as exceptional ability business person. Claimed substantial merit and national importance of business operations and mentorship program. AAO held first Dhanasar prong not met because proposed endeavor lacks evidence of national importance; retail shops lack scale and economic significance to qualify.

Human resources specialist with thirty years experience sought NIW for EB-2 classification. Proposed work in global mobility and personnel management. AAO found endeavor of substantial merit but lacked national importance; work for single employer lacks broader field implications. Second and third prongs not reached.

An entrepreneur and global marketing specialist sought EB-2 NIW for expanding a digital signage business in North Carolina. The AAO affirmed the director's finding that while the endeavor has substantial merit, the petitioner failed to demonstrate national importance under Dhanasar's first prong. Business projections were unsupported and lacked evidence of broader field impact.

An entrepreneur with fifteen years of business experience in strategy, development, and international trade sought EB-2 NIW classification. The AAO dismissed the appeal, finding the petitioner's proposed work expanding existing businesses lacked national importance under Dhanasar's first prong; no evidence of substantial economic impact beyond his companies.

Business executive sought EB-2 with national interest waiver. Director granted advanced degree classification but denied waiver. AAO agreed waiver not warranted: petitioner's company growth lacked national economic significance, aviation training software and academy projects showed no substantial benefits extending beyond his companies to impact industry broadly.

General operations manager sought national interest waiver for EB-2 advanced degree classification. AAO dismissed appeal because petitioner's proposed consulting company endeavor lacked national importance under Dhanasar; business served only direct employer and clients, not broader U.S. economic effects or job creation.

Regional sales manager seeks NIW for continued sales management work improving team performance and cross-border transactions. AAO dismissed appeal, finding endeavor lacks national importance; proposed work shows no particular process improvement, and benefits would be limited to employer and clients.

Self-petitioner and business owner in logistics and supply chain management. Established advanced degree eligibility but sought national interest waiver. AAO dismissed, finding proposed business endeavor, though meritorious, lacks national importance as required by first Dhanasar prong; no broader field or substantial economic impact demonstrated.

Business manager with advanced degree sought national interest waiver for EB-2 claiming endeavor to improve U.S. business structures and profitability. AAO found he was well positioned to advance but proposed endeavor lacked sufficient national importance specificity, failing first Dhanasar prong and rendering waiver ineligible.

A nonprofit executive sought EB-2 exceptional ability and national interest waiver. The AAO affirmed that he did not meet exceptional ability criteria. On NIW review under Dhanasar, the decision found the first prong failed because his proposed nonprofit management work lacked sufficient detail to demonstrate national importance beyond organizational level activities.

An administrative services specialist sought EB-2 classification with a national interest waiver but failed to qualify as advanced degree holder or person of exceptional ability. The AAO found her proposed work as executive assistant lacked national importance under Dhanasar's first prong, showing no substantial economic benefits, dismissing the appeal.