Published AAO appeal decisions

A business administration consultant seeks EB-2 NIW for a startup consulting company. Director denied the petition. AAO affirmed, finding the proposed endeavor has substantial merit but lacks national importance; helping unidentified SMEs and employing seventeen workers does not rise to national impact required under Dhanasar.

Architect proposing to establish an architecture firm claimed national interest waiver under Dhanasar. AAO dismissed, finding the proposed endeavor has substantial merit but lacks evidence of national importance or substantial prospective economic benefit to rise to the required level.

Entrepreneur in fitness and health industry sought EB-2 NIW to expand business. AAO held endeavor has substantial merit but lacks national importance; fitness industry significance does not establish applicant's specific business impact at national level; appeal dismissed.

Logistics entrepreneur claiming NIW for business management company. Advanced degree holder qualified for EB-2. Claimed supply chain improvements and job growth demonstrate national importance. AAO found proposed endeavor lacks broader implications and substantial economic impact required for national importance under Dhanasar.

Sales manager at logistics company sought EB-2 NIW. AAO dismissed appeal, finding proposed endeavor lacked demonstrated national importance under Dhanasar's first prong. Petitioner failed to show how continuing sales management work would impact U.S. economy or sector broadly beyond individual clients.

A trucking entrepreneur from Uzbekistan seeking EB-2 national interest waiver. Proposed startup projected 35 jobs and $58.2 million economic contribution. AAO found unsupported claims and undocumented indirect job projections. Impact deemed local rather than national; court reserved remaining prongs after first-prong failure.

Facilities manager claiming EB-2 with national interest waiver. AAO affirmed Director's finding that proposed endeavor lacks national importance; work limited to immediate employers and clients with no broader field or economic impact. Appeal dismissed.

Industrial engineer seeks NIW for EB-2 exceptional ability classification as industrial designer developing sustainable construction products. AAO dismissed appeal, finding no demonstrated national importance: benefits limited to petitioner's clients without broader field implications or substantial positive economic effects.

A customs broker and CEO sought EB-2 classification as an individual of exceptional ability with a national interest waiver. The AAO affirmed denial of both requests, finding the petitioner failed the first Dhanasar prong; while the aviation industry is important, his specific endeavor lacks national importance and his claimed economic benefits lack sufficient evidentiary support.

Cybersecurity professional seeking EB-2 exceptional ability with NIW. Proposed founding cybersecurity consulting business. AAO affirmed denial: endeavor has substantial merit but lacks national importance; government strategy references address field broadly, not petitioner's specific proposed work.

Sports industry professional sought EB-2 NIW for business venture. AAO dismissed appeal, finding no demonstrated national importance under Dhanasar's first prong. Petitioner conflated industry importance with specific endeavor impact; failed to show company would operate at national scale or generate substantial economic effects.

Chief executive and entrepreneur with advanced degree sought EB-2 national interest waiver. Qualified for underlying advanced degree classification. AAO held proposed endeavor lacked national importance under first Dhanasar prong: petitioner failed to demonstrate substantial U.S. economic impact, job creation, or broader field implications beyond personal work with selected companies and clients.

An airline pilot sought a national interest waiver under the Dhanasar framework, relying on the shortage of pilots and the importance of aviation. The AAO dismissed the appeal because the proposed endeavor, though meritorious, was not shown to have national importance. The other two prongs were reserved.

An accounting specialist entrepreneur sought EB-2 national interest waiver to hire forty-four employees. The AAO affirmed denial under Dhanasar's first prong: while the endeavor has substantial merit, it lacks national importance. The petitioner failed to show significant potential to employ U.S. workers or substantial positive economic effects beyond her company.

Foreign language teacher and entrepreneur seeking NIW for specialized educational center serving children with learning difficulties. Claimed job creation and tax benefits demonstrate national importance. AAO found endeavor lacks broader implications extending beyond company and clientele to impact field or economy at national level.

A financial manager and entrepreneur sought EB-2 NIW status to establish a mining equipment sales company. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance under Dhanasar's first prong because indirect economic effects and HUBZone status were insufficient to demonstrate substantial positive national economic impact.

A financial administrator sought NIW for EB-2 advanced degree classification. The AAO affirmed that although the proposed endeavor had substantial merit, it lacked national importance under Dhanasar because her advisory services would not impact the field or nation broadly. Appeal dismissed.

Commercial pilot seeks EB-2 NIW to work in aviation and pilot training. AAO dismissed appeal because proposed endeavor lacks national importance; general economic benefits and labor shortage mitigation insufficient under Dhanasar; second and third prongs not reached.

Telecommunications consultant seeking EB-2 NIW. Petitioner self-filed. AAO found substantial merit but not national importance; evidence showed expertise and past accomplishments but not prospective impact on field or economy at national level.

Entrepreneur seeking EB-2 with national interest waiver to develop a business venture. Petitioner claimed substantial merit and national importance based on business plan, support letters, and documentary evidence. AAO dismissed because the proposed endeavor lacks national importance beyond the immediate employer and customers; descriptions conflicted with Form I-140.

Financial manager and entrepreneur sought EB-2 NIW for business work. AAO dismissed, finding proposed endeavor lacked sufficient evidence demonstrating national importance, broader economic impact, or substantial job creation at level required by Dhanasar framework.

Business consultant with advanced degree seeks EB-2 national interest waiver to operate consulting company serving small and medium enterprises. Petitioner claimed economic growth and government alignment. AAO held national importance unmet; personal statements and business plan lack sufficient evidence of broader field implications or substantial positive economic effects.

Software developer sought NIW for self-proposed endeavor in software optimization and later cryptocurrency/robo-advisor services. AAO dismissed appeal because proposed endeavor lacks national importance; material changes to scope were not properly established; and petitioner lacked expertise in modified areas.

Accountant with advanced degree sought NIW for providing accounting and auditing services to prospective clients. AAO found substantial merit but rejected national importance claim, finding no evidence of broad field impact, realistic business viability, or substantial employment and economic benefits.

Foreign trade specialist sought EB-2 with national interest waiver. AAO held proposed endeavor lacks national importance because evidence shows only limited benefits to specific employer clients, not broader industry implications or significant employment and economic effects.