Published AAO appeal decisions

Business development manager with economics and management degrees seeking NIW for freight trucking business. Claimed substantial merit and national importance. AAO found second prong failed because applicant lacked U.S. trucking industry track record and customer interest, making further analysis unnecessary.

A business development professional and entrepreneur with pharmaceutical industry experience sought an EB-2 national interest waiver to open a chain of compounding pharmacies. The AAO dismissed the appeal, finding the proposed endeavor lacks national importance because its benefits would not extend beyond her direct clientele to broadly impact the field, even though she is well-positioned to advance it.

A professional with an advanced degree sought national interest waiver for a strategy and marketing consulting business serving automotive manufacturers transitioning to sustainable technologies. The AAO dismissed the appeal because the proposed endeavor lacked sufficient documentation of national importance and the petitioner presented inconsistent, material changes to his proposed business model.

Entrepreneurial marketing director lacks advanced degree and fails EB-2 exceptional ability criteria. Also ineligible for NIW because petitioner changed proposed endeavor articulation, creating ambiguity; AAO could not apply Dhanasar framework to dueling proposed endeavors.

CEO in quality management field sought EB-2 with national interest waiver. AAO agreed endeavor lacked national importance and withdrew director's finding that petitioner was well-positioned to advance it. Appeal dismissed.

A general and operations manager pursued EB-2 advanced degree and NIW classification. The AAO found the petitioner failed to identify a specific proposed endeavor, instead describing general construction management. Without specific details, national importance and positioning could not be assessed.

Cross-cultural leadership specialist sought EB-2 NIW to advise US businesses on organizational development. Petitioner met second prong showing qualifications but failed first prong; proposed work would not extend beyond employer and clients to impact the field at national level.

A business individual sought NIW for EB-2 exceptional ability classification. Petitioner claimed business endeavor would benefit the United States. The AAO dismissed based on derogatory evidence that an affiliated entity supplied spyware to hostile governments, and Entity List designation imposing export control constraints, undermining all three Dhanasar prongs.

Transportation chief executive seeks EB-2 NIW claiming exceptional ability and national interest. AAO held petitioner failed to establish exceptional ability degree of expertise significantly above ordinary; meeting three criteria insufficient without demonstrating final merits; national importance prong not analyzed due to threshold failure.

Tour guide and entrepreneur sought NIW under EB-2 for tourism business venture in Arizona. Petitioner claimed job creation and economic benefits would demonstrate national importance. AAO held the specific endeavor lacks national importance; general industry growth statistics insufficient; petitioner not well positioned as entrepreneur; balancing prong not reached.

A consultant with advanced degree seeking EB-2 with NIW demonstrated EB-2 eligibility but failed NIW requirements. The AAO upheld dismissal: the consulting endeavor lacked national importance, and the petitioner's expertise, though qualified, did not exceed ordinary field level.

A doctoral student in business research sought EB-2 NIW classification. The AAO found the proposed organizational behavior research endeavor had substantial merit and national importance, but the applicant lacked sufficient education, publication record, and demonstrated success to show he was well-positioned to advance it. Appeal dismissed.

A business administrator seeking EB-2 with NIW claimed national importance based on past professional achievements and a self-developed "Triad of Value" method. The AAO found the petitioner misunderstood Dhanasar: the first prong focuses on the proposed endeavor's prospective impact, not the petitioner's execution or prior success.

Engineer initially, later claiming sales operations consulting proposed endeavor, sought EB-2 advanced degree and NIW. AAO dismissed appeal; petitioner failed to demonstrate he is well positioned to advance the proposed endeavor, which also fundamentally changed from engineering to sales consulting between petition filing and appeal.

Security consultant sought EB-2 with national interest waiver. AAO held proposed endeavor lacked national importance and petitioner was not well-positioned to advance it; petitioner failed to demonstrate that specific endeavor had prospective impact or broader implications commensurate with national importance.