Published AAO appeal decisions

Administrator and financial analyst with diploma from Brazil sought NIW for EB-2 as individual of exceptional ability. Failed to meet three exceptional ability criteria due to missing translations and insufficient evidence. AAO dismissed because petitioner did not establish substantial merit of proposed endeavor under Dhanasar framework.

Human resources specialist seeking NIW as EB-2 exceptional ability applicant. Failed to establish underlying EB-2 eligibility under regulatory criteria. AAO dismissed without reaching Dhanasar prongs, finding ineligibility for EB-2 classification dispositive of NIW request.

An applicant in exceptional ability sought EB-2 and NIW. The Director found three criteria met, but the AAO withdrew one finding on academic credentials, reducing the count to two. The appeal was dismissed for failing to meet the three-criterion threshold; Dhanasar analysis was reserved.

An operations manager with foreign bachelor's degree sought EB-2 national interest waiver. The AAO dismissed because she lacked required advanced degree and her proposed endeavor—improving financial practices at one employer—lacked national importance absent evidence of broader industry or economic impact.

A sales professional proposed a consulting and cable/pipeline installation project management company. The AAO dismissed, finding no clearly defined specific endeavor and insufficient evidence that sales work would extend beyond individual employers to impact the economy at national importance level.

Entrepreneur/investor sought EB-2 NIW classification as individual of exceptional ability. AAO affirmed that letters of recommendation from former clients and bank do not constitute peer recognition satisfying regulatory criterion. Petitioner failed to meet at least three required criteria. Appeal dismissed.

A supply chain specialist sought national interest waiver for a proposed independent venture. The AAO dismissed, finding the endeavor lacks national importance because it would benefit only her clientele without extending to broader regional or national economic effects, despite her qualifications.

Advanced degree professional seeking NIW for EB-2 classification to operate auto parts business. AAO affirmed denial because proposed endeavor of managing stores in Virginia and Tennessee lacked national importance; no evidence of substantial economic impact or job creation warranting labor certification waiver.

Bilingual content analyst with master's degree sought NIW for translation and linguistics services. AAO held petitioner failed to establish national importance of her proposed endeavor because she did not prove her work would impact the field or economy beyond her future employer or clients.

General and operations manager with advanced degree seeking NIW for EB-2 classification to establish e-commerce automotive business. Claimed substantial economic effects and entrepreneurial impact. AAO dismissed appeal, finding projected business outcomes do not demonstrate national importance required.

Entrepreneur sought NIW for EB-2 classification in business. AAO dismissed appeal because petitioner did not qualify for underlying EB-2 (lacked five years post-degree experience and did not meet three exceptional ability criteria) and proposed business endeavor lacked national importance beyond generating local employment and revenue.

A security services specialist sought EB-2 classification and a national interest waiver. The AAO dismissed the appeal because he failed to establish an advanced degree and his proposed security training firm lacked demonstrated national importance despite SBA HUBZone location.

Plant accountant sought EB-1A extraordinary ability classification in business. AAO found petitioner met only judging criterion but lacked sustained national or international acclaim required for extraordinary ability. Appeal dismissed; petitioner did not qualify for highly restrictive visa classification intended for individuals at top of field.

An operations specialist from Burkina Faso sought EB-2 advanced degree classification and NIW. AAO affirmed denial because petitioner did not establish equivalent U.S. baccalaureate degree or five years progressive post-baccalaureate experience; NIW criteria not reached.

Management consultant sought EB-2 exceptional ability or advanced degree classification with national interest waiver. AAO found petitioner categorically ineligible for EB-2 and failed first Dhanasar prong, as management consulting services to Florida businesses lacked demonstrated national importance or broader economic impact.

Chief executive officer seeking NIW for travel agency startup. Established EB-2 eligibility with advanced degree but failed to demonstrate national importance of proposed endeavor. AAO held specific business lacks broader field implications or substantial positive economic effects required.

Supply chain specialist and entrepreneur in event services sought NIW under EB-2 exceptional ability. AAO withdrew director's exceptional ability finding, finding petitioner failed evidentiary criteria. Ineligible for underlying EB-2 classification; NIW eligibility not reached.

Restaurant general manager with twenty-five years of experience sought EB-1A extraordinary ability classification. AAO dismissed appeal, finding petitioner failed to establish major award or meet three of ten regulatory criteria, particularly membership with demonstrated outstanding achievements, judging, and high salary comparable to field peers.

Human resources professional with foreign bachelor's degree equivalent sought NIW under EB-2. Petitioner failed advanced degree requirement and did not establish national importance of proposed endeavor. AAO dismissed appeal, finding professional shortage alone insufficient without demonstrating significant prospective national impact.

An entrepreneur in cargo logistics and transportation seeking EB-2 with NIW claimed work experience in law. The AAO affirmed denial because the claimed legal experience was unrelated to the proposed cargo logistics endeavor and did not establish post-baccalaureate experience in the specialty.

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.

General and operations manager and entrepreneur sought EB-2 advanced degree with NIW for marketing services business in Florida. AAO affirmed denial, finding endeavor lacked national importance; job creation and revenue projections do not establish substantial positive economic effects for the nation.

Business consultant with advanced degree sought EB-2 NIW for managing consultancy. AAO affirmed denial, finding proposed endeavor lacked national importance under Dhanasar; petitioner materially altered claims after request for evidence and showed no field-wide impact.

Business administrator with advanced degree sought NIW. AAO held petitioner failed to identify specific proposed endeavor consistently, providing conflicting information on appeal. Cannot establish merit or national importance. Appeal dismissed.

An insurance sales manager sought NIW for EB-2 to operate an insurance consulting company. The AAO affirmed dismissal because the specific endeavor lacked national importance despite industry significance; projected employment and profits insufficient to demonstrate substantial economic effects at national level.