Published AAO appeal decisions

Entrepreneur seeks EB-2 with national interest waiver for proposed sales training company. Claimed endeavor has substantial merit and national importance benefiting economy and addressing labor shortages. AAO held specific endeavor lacks national importance; generic business activities and references to industry importance insufficient without demonstrating broader field implications.

Entrepreneur in business consulting sought EB-2 national interest waiver. Petitioner demonstrated advanced degree eligibility but failed to establish national importance of proposed business venture, showing only unsupported testimonial claims lacking broader field implications or economic evidence.

Trade specialist seeks EB-2 with national interest waiver. Claimed proposed international trade consulting endeavor has substantial merit and national importance. AAO held endeavor lacks national importance because individual consulting to small businesses, though in important field, does not demonstrate broader implications needed for waiver.

A business manager in transport administration sought NIW classification for EB-2. The AAO dismissed the appeal, holding that while the proposed endeavor has substantial merit, it lacks national importance because the record shows no broader implications for the industry, significant employment potential, or substantial positive economic effects beyond specific employers.

A general and operations manager sought NIW classification for EB-2. The AAO dismissed the appeal, holding that the proposed endeavor lacked national importance under Dhanasar because it failed to demonstrate how services would impact the field broadly, have significant employment potential, or produce substantial economic effects beyond specific employers.

A consultant seeks NIW for self-directed business development and consulting services. The AAO dismissed the appeal, holding the proposed endeavor lacks national importance because it shows no substantial prospective impact beyond immediate clientele and provides insufficient evidence of economic effects or broader field implications.

Chief financial officer filed as self-petitioner for extraordinary ability. Claimed six evidentiary criteria. AAO dismissed appeal, finding petitioner failed to meet at least three criteria: membership letter merely repeated regulations, published materials were brief mentions not about his work, judging claim lacked specificity, and original contributions were unsubstantiated assertions without evidence of major significance.

Production engineering consultant sought self-petitioner NIW for startup. Claimed substantial merit and national importance through job creation and business efficiency improvements. AAO found substantial merit but rejected national importance because projected 22 employees and revenue had insufficient demonstrated broader impact on national economy or engineering field.

Accounting consultant seeking NIW to operate consulting business in Florida. Claimed endeavor supporting small-medium enterprises has national importance. AAO held the proposed endeavor lacked demonstrated national importance; general field importance and personal experience insufficient without showing specific prospective impact.

Airport operations specialist sought EB-2 exceptional ability classification and NIW. AAO affirmed director's denial, finding petitioner failed to meet required exceptional ability criteria: no professional certifications despite listing 41 courses, inconsistent job title and unclear salary comparison, unsupported membership claims, and insufficient recognition for contributions. NIW analysis reserved as dispositive EB-2 ineligibility.

An HR specialist seeks NIW for a self-directed HR consulting business. The AAO dismissed the appeal, finding the endeavor lacks national importance because the petitioner provided no corroborating evidence that benefits extend beyond immediate customers to enhance broader societal welfare or regional economies.

Operations manager and entrepreneur in document management sought EB-2 exceptional ability and NIW. AAO affirmed denial: did not meet three required exceptional ability criteria and proposed endeavor lacks national importance; NIW not reached.

An entrepreneur and finance manager in hospitality consulting sought an EB-2 national interest waiver. The AAO found her proposed endeavor had substantial merit but lacked national importance because it would benefit only her clients without broader field impact or demonstrated substantial positive economic effects.

Entrepreneur owning a Florida business with advanced degree in finance seeks NIW for EB-2 classification. Petitioner claimed his endeavor to support small businesses and train single mothers has national importance. AAO found substantial merit but dismissed because the specific endeavor lacks national importance; general economic activity in business field insufficient.

An entrepreneur seeking EB-2 with national interest waiver for an IT consulting business. Claimed the venture would create 43 jobs in economically depressed areas. AAO dismissed, finding the business plan lacked credible projections and the proposed endeavor's economic impact did not rise to national importance.

Entrepreneur with recent foreign degree sought EB-2 NIW for independent logistics business venture. AAO dismissed appeal, finding applicant lacked advanced degree or exceptional ability status and proposed endeavor lacked national importance, with only incremental economic benefits.

A marketing consultant with advanced degree sought EB-2 NIW to establish marketing consultancy in the United States. The AAO found substantial merit but dismissed because she failed to show national importance. Her fifth-year revenue and employment projections were insufficient; focus must be specific endeavor impact, not field importance.

A logistician seeks exceptional ability classification and a national interest waiver. The AAO dismissed the appeal because the petitioner did not contest the director's finding that he failed to establish EB-2 eligibility, forfeiting the issue on appeal and making NIW analysis unnecessary.

Automobile repair and rental shop manager seeks NIW for EB-2 classification as individual of exceptional ability. Petitioner claimed four exceptional ability criteria but satisfied only one: ten years experience. AAO dismissed because petitioner failed to meet minimum threshold of three criteria; NIW analysis reserved as ineligible for underlying EB-2 classification.

Managing consultant seeks national interest waiver for nonprofit consulting company serving homelessness and income inequality. AAO affirmed denial: despite substantial merit, endeavor lacks evidence of national importance; insufficient projections of regions, projects, or employment impact.

An online education entrepreneur sought EB-2 exceptional ability classification and national interest waiver. The AAO found the petitioner met only one of six exceptional ability criteria and therefore was ineligible for the underlying EB-2 classification. NIW analysis was declined as the petitioner was ineligible for EB-2. Appeal dismissed.

Woman seeking EB-2 NIW to operate business providing services for disadvantaged women claimed substantial merit for gender equality initiatives. AAO held specific proposed endeavor lacked national importance; local South Carolina benefits and $155K first-year revenue insufficient.

Tourism director from Ministry of Commerce seeks EB-2 advanced degree professional and national interest waiver. AAO found petitioner failed first Dhanasar prong: no sufficiently detailed or specific proposed endeavor identified. Appeal dismissed.

Operations manager sought NIW, describing proposed endeavor variously as general corporate optimization and then sustainable fast-casual dining. AAO dismissed appeal because petitioner failed to consistently articulate the endeavor's nature, making analysis under Dhanasar framework impossible.

Physical fitness entrepreneur seeking EB-2 national interest waiver. Claimed endeavor has substantial merit and national importance through job creation and economic benefits. AAO found substantial merit but no national importance because evidence did not demonstrate broader field impact or adequate economic scale.