Published AAO appeal decisions

A general and operations manager self-petitioned for EB-2 exceptional ability classification with a national interest waiver. The appeal was dismissed because the evidence of ten years of full-time experience in that occupation did not match the claimed duties, and no other criteria beyond the academic record were met. The waiver analysis was reserved.

Lawyer seeks EB-2 NIW to create and operate consulting company focusing on Uzbekistan and Central Asia trade and investment. AAO held proposed endeavor has substantial merit but lacks national importance; recommendation letters contain vague assertions without specific evidence of U.S. economic impact or job creation.

Real estate developer sought NIW under EB-2. Petitioner claimed his development endeavor has national importance and substantial merit. AAO held the proposed endeavor lacks national importance because petitioner failed to demonstrate its projected employment or economic benefits distinguish it from ordinary industry work or have substantial prospective national impact.

A doctoral student in business research sought EB-2 NIW classification. The AAO found the proposed organizational behavior research endeavor had substantial merit and national importance, but the applicant lacked sufficient education, publication record, and demonstrated success to show he was well-positioned to advance it. Appeal dismissed.

Airport operations specialist sought EB-2 NIW classification. Service center found him ineligible for advanced degree category due to less than three years post-degree work experience. AAO upheld denial and held petitioner failed to meet exceptional ability criteria and Dhanasar's first prong, lacking sufficient evidence of expertise, employment history, and national importance of proposed endeavor.

A business administrator seeking EB-2 with NIW claimed national importance based on past professional achievements and a self-developed "Triad of Value" method. The AAO found the petitioner misunderstood Dhanasar: the first prong focuses on the proposed endeavor's prospective impact, not the petitioner's execution or prior success.

Security consultant and former Brazilian military police officer sought EB-2 exceptional ability classification with NIW. AAO found he failed to meet three evidentiary criteria: lacked proper professional license, salary not indicative of exceptional ability, and membership organization unsubstantiated. Dhanasar analysis not reached.

Business analyst with advanced degree sought national interest waiver for EB-2 to start financial consulting startup. AAO found proposed endeavor lacks national importance due to inconsistent business descriptions, unresolved evidentiary gaps, and lack of industry documentation. Appeal dismissed.

Hotel and tourism industry manager sought EB-2 with national interest waiver. AAO affirmed denial, finding petitioner failed to establish EB-2 eligibility as advanced degree professional or individual of exceptional ability. NIW analysis not reached due to lack of underlying qualification.

A general operations manager in transportation and logistics seeks NIW for EB-2 exceptional ability. He claimed all six evidentiary criteria but the AAO found he failed to meet the minimum three criteria requirement, lacking eligibility for the underlying EB-2 classification and thus ineligible for NIW consideration.

A logistics analyst sought EB-2 exceptional ability classification and national interest waiver to establish a logistics company. The AAO found he met three evidentiary criteria but lacked the degree of expertise significantly above ordinary in business. The appeal was dismissed without reaching waiver analysis.

Marketing manager with 15 years experience in Brazil sought NIW for self-owned marketing business. Petitioner claimed national importance based on job creation and economic impact. AAO affirmed denial because proposed endeavor lacked sufficient evidence of national importance or broader industry impact beyond serving clients.

Business administrator sought NIW under EB-2. Petitioner qualified as advanced degree professional but failed national importance prong. AAO dismissed, finding individual business consulting lacks substantial prospective economic effects or broader field impact required by Dhanasar.

Construction entrepreneur sought EB-2 exceptional ability with NIW. Claimed five criteria; Director found only membership met, requiring three minimum. AAO affirmed membership finding but agreed other four criteria unmet. Since petitioner failed underlying EB-2 eligibility, NIW analysis reserved as moot.

A private security specialist sought EB-2 exceptional ability and NIW. The AAO found the petitioner met only one of six exceptional ability criteria, failing the threshold. Although analyzing Dhanasar as alternative, the AAO concluded the specific proposed endeavor in school emergency preparedness lacked national importance.

Risk management advisor in occupational health and safety sought EB-2 NIW. Service center found advanced degree qualification but denied waiver. AAO affirmed: proposed endeavor of providing consulting services lacked national importance under Dhanasar's first prong because benefits would not extend beyond her employer and clientele to impact the field broadly.

Marketing manager sought EB-2 classification with national interest waiver. AAO dismissed appeal because petitioner's inconsistent statements about the proposed endeavor prevented evaluation of its substantial merit or national importance under Dhanasar framework.

Senior project manager in business management claimed extraordinary ability under EB-1A. Petitioner met judging and high salary criteria but failed awards, membership, and original contributions criteria. AAO dismissed appeal because petitioner satisfied only two of the required three alternate criteria and lacked sustained national or international acclaim.

An entrepreneur without demonstrated advanced degree equivalent sought EB-2 classification as general operations manager for soccer club or events business. AAO dismissed appeal, finding petitioner failed to establish EB-2 eligibility and therefore could not qualify for NIW, without reaching Dhanasar prongs.

Sales representative with advanced degree seeks NIW. Petitioner resubmitted RFE response without addressing Director's grounds for denial. Appeal summarily dismissed under procedural rule because petitioner failed to identify specific erroneous conclusions of law or fact.

Human resources specialist sought NIW for EB-2 classification. She claimed her proposed HR consulting work had national importance via business plan and industry reports. AAO held the endeavor lacked national importance because her work would benefit only specific clients and employers, not the HR field or economy broadly.

An entrepreneur seeking EB-2 classification with national interest waiver claimed to work in oil and gas consulting. The AAO found the petitioner failed the first Dhanasar prong by providing vague, contradictory descriptions of the proposed endeavor without establishing its specific national importance.

Supply chain management specialist seeking EB-2 advanced degree with national interest waiver. Claimed supply chain expertise for pharmaceutical companies had national importance and he was well positioned to advance it. AAO found petitioner confused industry importance with specific endeavor importance; no evidence of impact beyond particular employers or substantial economic effects for nation.

A human resources manager sought EB-2 classification with national interest waiver for consulting work through her company. AAO dismissed the appeal, finding the proposed endeavor had substantial merit but lacked demonstrated national importance; insufficient evidence of potential to employ workers or produce substantial positive economic effects.

An entrepreneur in supply chain management with an advanced degree seeking EB-2 national interest waiver. The AAO found the petitioner qualified as advanced degree holder but failed the first Dhanasar prong. While the endeavor showed substantial merit, the petitioner lacked evidence of national importance beyond her own business operations.