Published AAO appeal decisions

Chief of executive interim management petitioner self-filed for EB-2 with NIW, claiming his EIM and FDI consulting services have national importance. AAO dismissed: the specific proposed endeavor lacks national importance because it does not demonstrate broad implications or substantial economic effects beyond individual client benefits, despite importance of the EIM industry generally.

Self-petitioner, business administrator with Ph.D. and master's in human resources, sought NIW for planned online retail store. Petitioner failed first Dhanasar prong: proposed endeavor lacked national importance, merely affecting personal business and customers. Also failed underlying EB-2 classification: operating online store does not qualify as profession.

A chief executive officer self-petitioner sought EB-2 classification with national interest waiver. The Director determined underlying eligibility met but denied the waiver, finding no national importance. The AAO dismissed, agreeing the proposed endeavor lacked national importance; benefits accrued primarily to petitioner's business rather than broadly.

Business administrator proposed to manage early childhood education franchises in Florida. AAO found endeavor has substantial merit but lacks national importance; benefits too localized. First Dhanasar prong failed; waiver denied.

Information technology director seeking EB-2 advanced degree or exceptional ability classification with national interest waiver. AAO found petitioner failed to establish foreign education equivalent to U.S. bachelor's degree and did not meet three criteria for exceptional ability. National importance of proposed endeavor also not established under Dhanasar framework.

A cleaning-products manufacturer petitioned for its president, seeking an advanced degree classification with a national interest waiver. The service center found the degree qualification met but denied the waiver. The AAO dismissed the appeal, holding that national importance of the endeavor was not shown through employment or economic effects, and reserved the other prongs.

Former customs official sought NIW for EB-2 classification to establish customs consulting firm and clearance services in United States. AAO dismissed appeal, finding proposed endeavor lacks national importance beyond petitioner's clientele, petitioner lacks entrepreneurial experience despite customs expertise, and therefore waiver not warranted.

Industrial engineer seeks EB-2 with national interest waiver under Dhanasar. Initially proposing generic industrial engineering work, then submitting business plan for management consulting firm after RFE. AAO dismissed, finding neither endeavor has national importance required by first Dhanasar prong.

Training and development manager sought EB-2 with national interest waiver. Petitioner did not establish underlying EB-2 eligibility as advanced degree professional or exceptional ability; failed to meet at least three of six regulatory criteria. AAO dismissed appeal.

An advanced degree holder proposing business consulting and COVID-related kiosk services sought national interest waiver. The AAO found the petitioner impermissibly changed the substantive nature of his endeavor after filing and failed to show prospective impact rising to national importance level.

Business management consultant sought national interest waiver claiming endeavor of operational supervision and continuous improvement techniques. AAO held proposed endeavor lacked national importance, finding past company results insufficient to establish broad impact and applicant's qualifications relevant only to subsequent prong. Appeal dismissed.

A military officer with advanced degree in special and tactical operations seeks EB-2 NIW. The petitioner proposed creating a security consulting company. The AAO dismissed the appeal, finding the endeavor fails to demonstrate national importance or substantial economic effects under Dhanasar.

A self-petitioner seeking national interest waiver for security consulting business proposed to provide expertise to U.S. companies. AAO held that the petitioner failed to demonstrate national importance because the business would operate only for specific clients without broader implications for the field or meaningful economic impact.

Supply chain manager sought EB-2 national interest waiver. Petitioner submitted conflicting descriptions of her endeavor between initial petition and RFE response, later mentioning vegan cosmetic imports. AAO found insufficient clarity and consistency to identify the specific proposed endeavor and ruled it lacked national importance.

General and operations manager applied for NIW under EB-2 with advanced degree. Petitioner proposed consulting services for general operations management and entrepreneurship. AAO affirmed Director's finding that while work had substantial merit, it lacked national importance; no evidence showed broader field impact or substantial positive economic effects for U.S. economy.

Bank manager seeking national interest waiver. Director found substantial merit but denied on national importance grounds. AAO affirmed and additionally withdrew director's second-prong finding due to petitioner's inconsistent evidence about the proposed endeavor.

Entrepreneur and venture capitalist in information and communications technology sought EB-2 NIW classification. Proposed to provide consulting and training services. AAO dismissed, finding proposed work lacks national importance under Dhanasar first prong; services too limited to company clientele without substantial economic benefit.

A marketing manager sought NIW under EB-2. The AAO dismissed the appeal, finding the petitioner failed the first prong of Dhanasar: the specific proposed endeavor lacked national importance. While marketing management is important generally, his particular services showed no demonstrated substantial economic impact or job creation potential.

Legal analyst sought EB-2 with national interest waiver. Director found advanced degree qualification and substantial merit but denied waiver, finding no national importance. AAO affirmed, holding specific endeavor lacks broader implications beyond immediate employer and clients.

An admissions and marketing director sought a national interest waiver for EB-2 classification. The AAO found he met the advanced degree requirement but dismissed the appeal because his proposed work in higher education admissions lacked demonstrated national importance or substantial economic impact as required under Dhanasar's first prong.

Business development manager with advanced degree sought NIW for EB-2 proposing sales strategy development in cybersecurity and IT. AAO found substantial merit but dismissed because proposed work lacked broader implications for the industry or economy at level of national importance.

Self-petitioner chief executive proposing to operate a domestic animal services company. Claimed national interest waiver under Dhanasar framework. AAO dismissed appeal, finding the proposed endeavor lacks national importance; no evidence of prospective impact beyond the business itself or substantial economic effects for the nation.