Published AAO appeal decisions

A CEO with AI and software expertise sought NIW as EB-2. The service center approved his advanced degree status but denied the waiver, finding no evidence the endeavor transcends personal clients to achieve national significance. The AAO affirmed, distinguishing petitioner's qualifications from the endeavor's prospective impact requirement.

An entrepreneur seeking EB-2 exceptional ability and national interest waiver for a transportation services business. The AAO affirmed that the proposed endeavor lacked national importance under Dhanasar's first prong because it would benefit only the petitioner's customers without broader industry implications or substantial economic effects commensurate with national importance.

A consultant sought EB-2 classification with a national interest waiver for a business providing marketing and digital services to disadvantaged small businesses. The AAO affirmed denial, finding the endeavor lacks national importance despite industry articles establishing merit; services benefit only immediate clients without broader implications for the field.

A furniture business owner and chief executive sought extraordinary ability classification, claiming lesser awards, a leading role and high salary. The AAO dismissed the appeal because the awards criterion was not established, three criteria were not shown, and the record did not demonstrate sustained national or international acclaim.

A human resources specialist sought EB-2 NIW for a proposed HR consulting company offering diversity and inclusion workshops. The AAO dismissed, holding the endeavor lacks national importance because services to individual clients and companies, despite focus on vulnerable populations, lack prospective impact on field or national scale.

Self-petitioner business manager seeks EB-2 NIW to transform struggling companies through management consulting. AAO held proposed endeavor lacks national importance; petitioner's skills relate to second prong, but specific endeavor shows no prospective impact beyond clients or substantial regional or national economic effects.

Entrepreneur business consultant seeks EB-2 NIW. Failed to meet three required regulatory criteria for exceptional ability, including licensure, certification, and professional association membership. AAO found insufficient expertise level and did not reach NIW framework prongs.

Chief financial officer and logistics manager sought EB-2 exceptional ability classification and NIW. AAO affirmed director's finding that petitioner met only one of six required criteria and lacked degree of expertise above field ordinary level.

Business consulting entrepreneur seeking EB-2 NIW to open management consulting office in Florida. Claimed job creation and economic benefit to underserved community with national importance. AAO held endeavor lacks sufficient prospective impact on field and economy to establish national importance despite local economic intent.

An airline pilot and CEO founded a pilot training company in Slovakia and sought NIW as EB-2 to open a U.S. branch. The service center found insufficient evidence of national importance and denied both EB-2 eligibility and waiver. The AAO affirmed on the national importance ground, finding local economic benefit insufficient.

Entrepreneur seeks EB-2 with NIW for financial and pricing consulting startup. Claimed endeavor would elevate industry standards and create regional jobs. AAO held first prong unmet: generalized statements without objective evidence; business projections lack substantiation of national economic benefits or field transformation.

A training consultant proposed operating a firm addressing IT and STEM workforce shortages through training and subcontracting services. The AAO dismissed the appeal, finding petitioner failed to establish national importance despite addressing general labor market needs, lacking evidence that one firm would impact the industry broadly or generate substantial economic benefits.

Entrepreneur with advanced degree sought national interest waiver to establish management consulting firm for law firms and businesses. AAO held the proposed endeavor has substantial merit but lacks national importance because it lacks demonstrated substantial economic benefits or broader field impact beyond individual clients.

A security consultant sought EB-2 exceptional ability classification with a national interest waiver to establish a private security consulting business. The AAO dismissed, finding the proposed endeavor lacks national importance despite the petitioner's skills and Brazilian law enforcement background; no sufficiently direct connection to nationally important impact.

Logistician proposing supply chain services business in New York seeks NIW. Claimed national importance through industry significance and employment growth projections. AAO dismissed, finding no showing that specific endeavor broadly influences field or generates substantial economic effects beyond direct clients and employees.

Operations manager at auto parts wholesaler seeking EB-2 NIW claimed her endeavor would impact field through international purchasing and job creation. The AAO dismissed, finding the endeavor lacked national importance; benefits were confined to her company and direct clients without broader field or substantial economic implications.

A paintless dent repair specialist seeking EB-2 classification and national interest waiver to work as a micro restoration specialist in automotive repair. The AAO dismissed the appeal, finding the proposed endeavor lacks national importance because it would not impact the PDR field broadly or demonstrate substantial economic effects beyond the petitioner's clients.

Business director sought EB-2 with national interest waiver for ventures in real estate, digital marketing, and healthcare. AAO dismissed because proposed endeavor lacked evidence of national importance. Although ventures might generate local economic growth and jobs, they did not demonstrate broader field implications or national-scale impact required by Dhanasar.

A supply chain and logistics operating manager sought a national interest waiver for a company supporting supply chain resilience. The AAO dismissed because the specific endeavor lacked national importance; while supply chain security is important, the petitioner did not show innovation or demonstrate that projected five to sixteen employees would create substantial economic effects.

Business development executive sought EB-1A extraordinary ability classification. Claimed four criteria; director found only judging satisfied. AAO affirmed that published book was not scholarly article, original contributions lacked major significance in field, and evidence did not demonstrate sustained national or international acclaim required for extraordinary ability.

A business manager proposed developing a company creating accessible kitchen supplies for people with disabilities. The AAO dismissed the appeal, agreeing that while the endeavor had substantial merit addressing societal needs, petitioner failed to demonstrate national importance, lacking evidence of impact beyond prospective clients or significant economic or employment effects.

Entrepreneur in business consulting sought EB-2 national interest waiver. The AAO found her advanced degree qualification met but dismissed the appeal, holding her proposed consulting endeavor for international trade and women entrepreneurship lacked sufficient national importance beyond direct client and employee benefits.

A sales operations manager entrepreneur seeking EB-2 exceptional ability and national interest waiver for sales consulting and course offerings. The AAO affirmed that the petitioner failed to meet at least three of six exceptional ability criteria, particularly lacking ten years full-time experience, demonstrating exceptional salary, and showing industry recognition.

Entrepreneur and business administrator seeking EB-2 exceptional ability with NIW failed to meet any of four exceptional ability criteria claimed. AAO held petitioner lacked sufficient corroborating evidence for experience, professional license, membership in professional associations, or industry recognition.