Published AAO appeal decisions

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.

A real estate broker sought EB-1A extraordinary ability classification. The AAO dismissed appeal on procedural grounds: petitioner failed to address errors in the Director's motion dismissal decision. On substantive review, salary evidence showed above-average earnings but lacked comprehensive comparative data required.

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.

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.

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.

Business and hospitality management specialist sought EB-2 national interest waiver. AAO dismissed appeal, holding proposed endeavor to reposition U.S. hospitality industry lacks national importance because generalized industry articles do not address specific prospective impact or broader field implications required by Dhanasar.

Business consultant seeks NIW for employment as business manager consultant. AAO affirmed director's finding that petitioner failed to demonstrate national importance; credentials and experience do not show proposed endeavor extends beyond clientele to impact broader field.

A logistics management consultant sought NIW as EB-2 advanced degree professional proposing to establish a consulting company. The AAO dismissed the appeal, finding the proposed endeavor lacked sufficient evidence of substantial positive economic effects or national importance beyond serving particular clients.

Marketing executive sought EB-2 with NIW claiming endeavor enables U.S. companies to globalize through localized marketing campaigns. AAO held general industry importance insufficient; petitioner failed to provide specific evidence that his proposed work impacts U.S. economy, job creation, or trade interests.

A general manager of ethnic grocery stores seeking EB-2 with national interest waiver. AAO held the specific endeavor lacks national importance under Dhanasar because evidence addresses field importance and business operations, not broader implications or documented significant U.S. employment potential.

An advanced degree marketing professional seeks EB-2 NIW for a startup marketing and business development company focused on SMEs. Director denied the petition. AAO affirmed, finding the endeavor has merit but lacks national importance; job creation and economic projections in a single firm are insufficient under Dhanasar.

Advanced degree professional proposed an endeavor with claimed economic impact. AAO dismissed because the petitioner failed to establish the proposed endeavor has national importance; evidence showed only client-level benefits, not broader industry or economic implications meeting Dhanasar standards.

An immigration document preparer and entrepreneur with advanced degree seeking EB-2 classification with NIW. The AAO affirmed the director's finding that the petitioner failed to establish national importance of the proposed endeavor, which involved immigration services and employment.

Chief executive officer and entrepreneur seeking EB-2 exceptional ability classification with national interest waiver. Claimed all six regulatory criteria for exceptional ability. AAO affirmed Director's denial because petitioner failed to satisfy any of the six criteria required for exceptional ability; without underlying EB-2 eligibility, NIW claim could not be reached.

A business and logistics specialist sought EB-2 NIW for work in the import-export industry. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance because it showed only employer-specific cost reduction, not broader field impact or documented job creation potential.

Entrepreneur in cargo transportation and logistics sought EB-2 NIW as exceptional ability individual. AAO held petitioner met only one of six required criteria for exceptional ability and withdrew membership finding; appeal dismissed as petitioner ineligible for underlying classification.

Administrative services manager/entrepreneur seeks EB-2 NIW as individual of exceptional ability. Petitioner met three of six regulatory criteria but failed to demonstrate expertise significantly above ordinary in field. AAO affirmed dismissal on grounds petitioner lacks required exceptional ability classification; NIW analysis not reached.

Procurement coordinator sought EB-2 NIW for work optimizing supply chains at unspecified U.S. companies. AAO held the proposed endeavor lacks national importance; it benefits only the employer and clients, not the industry or economy broadly. Service center denial sustained.

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.

Business management and restructuring consultant sought EB-2 NIW. AAO dismissed appeal, affirming Director's finding that proposed consulting endeavor lacked national importance under Dhanasar. Petitioner's focus on personal experience and general business optimization methodology did not establish particularized impact.

A business consultant with master's degree seeking EB-2 with national interest waiver to consult small and medium-sized Latino-owned businesses. AAO held the specific endeavor lacks national importance because evidence addresses industry importance, not the proposed business consulting's broader field impact.

Management consulting firm petitioned for beneficiary's EB-1A extraordinary ability classification. Beneficiary met three evidentiary criteria (judging, scholarly articles, critical role) but AAO found evidence totality did not demonstrate sustained national or international acclaim or placement among the very top of the field.

Advanced degree holder and entrepreneur seeking NIW for business consulting through company providing services including blood management consulting. Established substantial merit but failed to demonstrate national importance. Revenue projections and staffing plans insufficient; endeavor impact limited to specific clients and businesses.

HR and organizational development consultant with advanced degree sought NIW as EB-2 professional. AAO dismissed, finding field importance does not establish national importance of specific proposed endeavor; petitioner presented new evidence on appeal but failed to demonstrate prospective impact beyond prospective clients.