Published AAO appeal decisions

Training and development specialist sought EB-2 NIW for workforce training endeavor. USCIS found substantial merit but denied, concluding proposed endeavor lacked national importance. AAO dismissed, finding petitioner failed to demonstrate specific endeavor would have broader implications or substantial prospective impact beyond personal business.

Advanced degree professional in community economic development sought EB-2 national interest waiver. AAO held while endeavor had substantial merit, petitioner failed to establish national importance through sufficient evidence of prospective impact, relying improperly on industry importance alone rather than specific proposed endeavor impact.

Senior sourcing specialist sought national interest waiver as EB-2 advancing supply chain resilience and national security. Petitioner relied on field importance and federal priorities alignment. AAO dismissed appeal, finding proposed endeavor lacked demonstrated national importance and insufficient evidence of well-positioning to advance it.

Logistics analyst sought EB-2 exceptional ability classification and national interest waiver. AAO dismissed appeal because petitioner failed to establish exceptional ability by meeting at least three of six regulatory criteria. Petitioner did not demonstrate license to practice profession, professional association membership, or industry recognition.

Founder and president of automotive parts wholesaler sought EB-2 exceptional ability classification and NIW. Petitioner claimed academic record, ten years experience, license, and membership criteria. AAO found beneficiary met only one criterion, not the required three, so does not qualify for exceptional ability and NIW analysis not reached.

Supply chain manager with advanced degree sought NIW. AAO affirmed dismissal because endeavor has substantial merit but lacks national importance; impact limited to employing company and clients, without demonstrated broader industry or field implications.

Port manager with advanced degree sought national interest waiver of job offer requirement. AAO agreed endeavor had substantial merit but lacked national importance. Petitioner failed to establish specific work would impact field, industry, or economy beyond company operations. Remaining Dhanasar prongs reserved.

A business process reengineering consultant sought a national interest waiver under the second preference category. After several earlier denials and dismissals, the petitioner filed a motion to reconsider. The AAO dismissed it because no incorrect application of law or policy was shown, and the arguments were repetitive or could have been raised earlier.

Treasurer/controller in construction industry sought EB-2 NIW for beneficiary proposing civil engineering and residential development company. AAO dismissed, finding proposed endeavor had substantial merit but lacked national importance; economic benefits limited to local region without sufficient prospective national impact or implications.

A business manager filed for EB-2 exceptional ability with national interest waiver. She satisfied three evidentiary criteria initially but failed final merits determination, lacking expertise significantly above ordinary in the field. AAO found no exceptional ability and thus ineligible for EB-2 or NIW, dismissing appeal.

Business executive with advanced degree sought NIW for technology-focused business endeavor. AAO affirmed dismissal, finding proposed endeavor lacks national importance because business plan was vague on location and operations, lacked substantiated financial projections, and provided only generalized industry information rather than specific endeavor impact.

Occupational health and safety consultant sought EB-2 with national interest waiver. AAO found proposed endeavor lacked demonstrated national importance; evidence showed only general industry significance and vague vision statements without concrete training programs or detailed implementation. Petitioner not well positioned to advance endeavor. Appeal dismissed.

Petitioner with advanced degree sought EB-2 NIW for project management consultancy using AI optimization. AAO dismissed appeal, finding substantial merit but not national importance. Petitioner conflated industry importance with endeavor-specific prospective impact and failed to demonstrate broader implications beyond her business.

Consultant with advanced degree proposing consulting and auditing services for small and medium businesses in financial compliance and governance. AAO held working in important industry insufficient; specific endeavor lacks demonstrated broader implications for field or economy.

Sales manager seeks national interest waiver for EB-2 classification. AAO withdrew service center decision and remanded for new decision because the original denial lacked sufficient analysis and explanation of how evidence failed to meet Dhanasar prongs; service center provided block quotations without explaining specific deficiencies.

A supply and trade professional sought EB-2 with national interest waiver for maritime logistics work. The AAO dismissed the appeal, finding his proposed endeavor lacked sufficient specificity regarding actual activities and failed to demonstrate national importance or broader implications beyond generalized objectives.

Petitioner with advanced degree sought EB-2 NIW for affordable housing company addressing federal housing priorities. AAO dismissed appeal, finding substantial merit but not national importance. Petitioner failed to demonstrate how her specific endeavor would produce broader implications extending beyond her company and clients to impact the field or economy.

Supply chain management researcher self-petitioned for EB-2 national interest waiver. Service center denied waiver despite advanced degree qualification. AAO sustained appeal, finding all three Dhanasar prongs met: endeavor has substantial merit and national importance, petitioner well positioned to advance it, and waiver benefits United States.

A management analyst with advanced degree claims NIW for small business closure reduction consultancy in underserved areas. AAO dismissed appeal, finding proposed endeavor has substantial merit but lacks national importance; evidence on field importance does not demonstrate specific endeavor's broader implications.

A business administrator proposes starting a consultancy company to help Latino-owned small businesses with financial consolidation and compliance. The AAO found no evidence the proposed endeavor would achieve substantial positive economic effects or significant employment potential at national or regional level.

AI Strategist Leader proposed integrating AI into business strategies to boost efficiency and innovation. AAO found proposed endeavor has substantial merit but lacks national importance because it lacks documented broader implications for industry or employment impact beyond general reliance on AI field importance.

An automotive service technician sought NIW for an exceptional ability business endeavor. The AAO dismissed the appeal, finding the proposed automotive repair venture lacked national importance despite its focus on important industry challenges; benefits were too localized to the petitioner's company.

Restaurant company seeking to employ beneficiary to lead expansion across United States. Claimed expansion creates thousands of jobs in economically distressed areas and promotes cultural exchange. AAO held specific endeavor lacks national importance; job projections unsubstantiated; 19 jobs per location insufficient; market demand unproven.

CEO with advanced degree sought EB-2 national interest waiver for electronics export business. AAO dismissed motions to reopen and reconsider, finding petitioner failed to establish national importance of the proposed endeavor. Motion evidence showed decreased business income and insufficient economic impact.

Entrepreneur seeks NIW for EB-2 classification to operate business consulting and professional development company. AAO dismissed appeal, finding proposed endeavor lacks national importance despite alignment with federal programs; focus on specific undertaking rather than general business importance is determinative.