Published AAO appeal decisions

A quality control manager sought EB-2 classification with NIW. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance and the petitioner was not well positioned to advance it. Hospitality experience did not support consulting business claims without demonstrated progress or contracts.

A management specialist seeks EB-2 national interest waiver. The AAO dismissed the appeal, finding the petitioner failed to demonstrate national importance of the proposed endeavor. Although the petitioner is well-positioned to advance it, the evidence does not show broader impacts on the field or substantial positive economic effects at national level.

Urban development planner sought EB-2 with national interest waiver. AAO held petitioner failed the well-positioned prong: lacked specific business model or plan for United States endeavors and no credible evidence of investor or customer interest, despite experience with international projects.

A business administrator sought EB-2 with national interest waiver for business consulting services. While the AAO found substantial merit, it dismissed because the proposed work lacked national importance (limited to his own clients, no broader field or economic impact) and he was not shown to be well-positioned to advance the endeavor.

Supply chain management consultant with advanced degree seeks NIW. Petitioner established advanced degree status and eligibility under second Dhanasar prong but failed first prong. Proposed services lack demonstrated national importance despite HUBZone location; no projected economic impact or job creation evidence.

A human resources and business development manager self-petitioner sought EB-2 national interest waiver for renewable energy work. The AAO dismissed the appeal: while conceding substantial merit and positioning, the record lacked evidence that the proposed endeavor had national importance or would impact the field beyond her company and clients.

Brazilian lawyer and operations manager sought NIW to operate business providing immigration consultancy and assistance to Latino entrepreneurs. AAO affirmed denial, finding endeavor lacks national importance and petitioner lacks business preparation beyond a plan, despite relevant legal background.

Technology company petitions for vice president managing national streaming service. AAO sustained appeal finding all three Dhanasar prongs met: endeavor has national importance affecting millions nationally, beneficiary is well-positioned with decade-long track record, and waiver benefits United States.

Accountant with advanced degree sought NIW to own and operate accounting firm. AAO affirmed Director's finding that the proposed endeavor lacks national importance, as projected hiring and local community impact do not reach the level contemplated by Dhanasar. Appeal dismissed.

A logistics entrepreneur with an advanced degree sought an EB-2 national interest waiver to manage a cargo transportation company. The AAO dismissed the appeal because the company lacks national importance and the applicant's educational background was not material to cargo transportation management.

Self-petitioner in business management seeks national interest waiver for virtual startup incubator serving vulnerable entrepreneurs. AAO affirmed denial: proposed endeavor lacks national importance; petitioner not well positioned given company nonexistence at filing and absence of investor or customer interest.

International trade consultant without job offer seeks NIW. AAO held proposed endeavor lacked national importance; assisting with local construction permits does not demonstrate broader impact. Petitioner failed to clarify specific proposed work or how experience applies in United States, failing prongs one and two of Dhanasar.

An entrepreneur with advanced degree sought NIW to lead financial consulting and loan services business. The AAO dismissed the appeal, finding the proposed endeavor lacks national importance despite general importance of entrepreneurs, and petitioner not well positioned to advance it.

An entrepreneur in business coaching sought EB-2 NIW classification. She had an advanced degree and registered business status but provided limited evidence of past business success, a viable business model, or customer interest in her proposed online training courses. The AAO affirmed that she failed the second prong, finding her not well-positioned to advance her endeavor.