Published AAO appeal decisions

Commercial lawyer with advanced degree sought NIW for EB-2. Claimed endeavor in commercial law with cross-border initiatives had substantial merit and national importance. AAO dismissed appeal because petitioner failed to clearly define her specific proposed endeavor and provided insufficient evidence of national importance or prospective economic impact.

A business administrator seeks an NIW for EB-2 classification. She claimed the proposed endeavor of providing business administration services has national importance. The AAO found substantial merit but dismissed because the specific endeavor lacks national importance; evidence addressed only general importance of business administration, not its specific prospective impact.

Entrepreneur in sales and marketing sought NIW for EB-2 advanced degree classification. AAO dismissed appeal, finding proposed business consulting endeavor lacked national importance despite petitioner's experience and intention to hire U.S. workers in SBA HUBZone; impact insufficient to meet Dhanasar requirements.

A business consultant seeking EB-2 with NIW failed to meet the exceptional ability criterion (one of six required criteria met). The AAO dismissed, finding categorical EB-2 ineligibility and that the consulting endeavor lacked national importance; ripple effects of small business work insufficient.

Engineer initially, later claiming sales operations consulting proposed endeavor, sought EB-2 advanced degree and NIW. AAO dismissed appeal; petitioner failed to demonstrate he is well positioned to advance the proposed endeavor, which also fundamentally changed from engineering to sales consulting between petition filing and appeal.

General and operations manager sought EB-2 NIW for business management services. AAO affirmed denial, finding proposed endeavor lacked national importance despite job creation projections. Teaching and training activities would not impact field broadly beyond direct participants.

Entrepreneur in gym and martial arts studio industry sought EB-2 classification with national interest waiver. AAO dismissed appeal because petitioner established substantial merit but failed to demonstrate national importance; proposed endeavor lacked broader implications beyond benefiting own business and clients.

Security consultant sought EB-2 with national interest waiver. AAO held proposed endeavor lacked national importance and petitioner was not well-positioned to advance it; petitioner failed to demonstrate that specific endeavor had prospective impact or broader implications commensurate with national importance.

An advanced degree professional sought national interest waiver for HVAC consulting. The AAO dismissed the appeal because the petitioner materially changed the proposed endeavor between initial filing and RFE response, preventing determination of well-positioned status under Dhanasar.

Cargo and freight agent and entrepreneur with advanced degree sought EB-2 NIW to establish own business. AAO affirmed the underlying classification but dismissed appeal, finding proposed cargo logistics business lacked national importance despite industry significance.

An entrepreneur sought EB-2 national interest waiver for an IT consultancy. The AAO agreed the endeavor had substantial merit but found insufficient evidence that the specific undertaking would broadly affect the national economy or IT field. Appeal dismissed without addressing petitioner's qualifications or waiver benefits.

General operations professional sought EB-2 NIW classification. AAO found foreign degree equivalent to three years of U.S. study, not a bachelor's degree, despite academic evaluations claiming otherwise. Educational evaluation implausibly credited five-year equivalent in three years. Ineligible for underlying EB-2; NIW prongs not reached.

Chief of executive interim management petitioner self-filed for EB-2 with NIW, claiming his EIM and FDI consulting services have national importance. AAO dismissed: the specific proposed endeavor lacks national importance because it does not demonstrate broad implications or substantial economic effects beyond individual client benefits, despite importance of the EIM industry generally.

Self-petitioner, business administrator with Ph.D. and master's in human resources, sought NIW for planned online retail store. Petitioner failed first Dhanasar prong: proposed endeavor lacked national importance, merely affecting personal business and customers. Also failed underlying EB-2 classification: operating online store does not qualify as profession.

A chief executive officer self-petitioner sought EB-2 classification with national interest waiver. The Director determined underlying eligibility met but denied the waiver, finding no national importance. The AAO dismissed, agreeing the proposed endeavor lacked national importance; benefits accrued primarily to petitioner's business rather than broadly.

Business administrator proposed to manage early childhood education franchises in Florida. AAO found endeavor has substantial merit but lacks national importance; benefits too localized. First Dhanasar prong failed; waiver denied.

Chief executive officer and solutions architect claimed four criteria including membership, published material, leading role, and high salary. AAO found none met. YPO membership lacked demonstrated outstanding achievement standard. Published materials insufficient in prominence or attribution. Executive experience alone does not establish upper echelon status required.

Information technology director seeking EB-2 advanced degree or exceptional ability classification with national interest waiver. AAO found petitioner failed to establish foreign education equivalent to U.S. bachelor's degree and did not meet three criteria for exceptional ability. National importance of proposed endeavor also not established under Dhanasar framework.

A cleaning-products manufacturer petitioned for its president, seeking an advanced degree classification with a national interest waiver. The service center found the degree qualification met but denied the waiver. The AAO dismissed the appeal, holding that national importance of the endeavor was not shown through employment or economic effects, and reserved the other prongs.

Former customs official sought NIW for EB-2 classification to establish customs consulting firm and clearance services in United States. AAO dismissed appeal, finding proposed endeavor lacks national importance beyond petitioner's clientele, petitioner lacks entrepreneurial experience despite customs expertise, and therefore waiver not warranted.

Industrial engineer seeks EB-2 with national interest waiver under Dhanasar. Initially proposing generic industrial engineering work, then submitting business plan for management consulting firm after RFE. AAO dismissed, finding neither endeavor has national importance required by first Dhanasar prong.

A self-petitioner general operations manager sought NIW classification and waiver as an advanced degree professional or individual of exceptional ability. The AAO dismissed the appeal, finding she failed to establish underlying EB-2 eligibility because her foreign education equivalency and exceptional ability were not sufficiently demonstrated.

Training and development manager sought EB-2 with national interest waiver. Petitioner did not establish underlying EB-2 eligibility as advanced degree professional or exceptional ability; failed to meet at least three of six regulatory criteria. AAO dismissed appeal.

An advanced degree holder proposing business consulting and COVID-related kiosk services sought national interest waiver. The AAO found the petitioner impermissibly changed the substantive nature of his endeavor after filing and failed to show prospective impact rising to national importance level.

Business management consultant sought national interest waiver claiming endeavor of operational supervision and continuous improvement techniques. AAO held proposed endeavor lacked national importance, finding past company results insufficient to establish broad impact and applicant's qualifications relevant only to subsequent prong. Appeal dismissed.