Published AAO appeal decisions

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.

A military officer with advanced degree in special and tactical operations seeks EB-2 NIW. The petitioner proposed creating a security consulting company. The AAO dismissed the appeal, finding the endeavor fails to demonstrate national importance or substantial economic effects under Dhanasar.

Operations professional sought EB-2 exceptional ability and national interest waiver. AAO found he met the educational credential criterion but not the salary criterion for exceptional ability. Because he failed the underlying EB-2 threshold, the national interest waiver analysis was not pursued.

A self-petitioner hospitality entrepreneur sought EB-1A extraordinary ability classification. The AAO found the petitioner met two of ten criteria (published material and judging). The decision dismissed the appeal because the petitioner failed to establish the required three criteria and lacked sustained national or international acclaim outside his employment contexts.

A business executive in the fitness equipment industry sought EB-1A classification, and the service center denied the petition for lacking initial evidence. The AAO found State Department records contradicting her claimed employment history, issued a notice of intent to dismiss that was returned undeliverable, and dismissed the appeal as abandoned for no response.

Security management specialist sought EB-2 with national interest waiver. Petitioner failed to establish underlying EB-2 eligibility as advanced degree professional or person of exceptional ability on appeal, abandoning the threshold issue. AAO dismissed appeal without addressing Dhanasar prongs.

A self-petitioner seeking national interest waiver for security consulting business proposed to provide expertise to U.S. companies. AAO held that the petitioner failed to demonstrate national importance because the business would operate only for specific clients without broader implications for the field or meaningful economic impact.

Entrepreneur and financier in business sought EB-1A extraordinary ability classification. Claimed at least three evidentiary criteria including awards and leadership role. AAO found awards lacked recognition as nationally or internationally prestigious for excellence in business and concluded petitioner lacks sustained national or international acclaim required for extraordinary ability.

Supply chain manager sought EB-2 national interest waiver. Petitioner submitted conflicting descriptions of her endeavor between initial petition and RFE response, later mentioning vegan cosmetic imports. AAO found insufficient clarity and consistency to identify the specific proposed endeavor and ruled it lacked national importance.

A sales director seeks national interest waiver for EB-2 classification. The AAO held he did not qualify for underlying EB-2 classification as exceptional ability, having failed to meet at least three of six regulatory criteria. National interest waiver analysis was not reached because eligibility for the base classification was not established.

Pharmaceutical executive with 25 years experience sought EB-1A extraordinary ability classification. Petitioner met published material criterion but failed to establish at least three required criteria for extraordinary ability. AAO held insufficient evidence of national or international acclaim.

General and operations manager applied for NIW under EB-2 with advanced degree. Petitioner proposed consulting services for general operations management and entrepreneurship. AAO affirmed Director's finding that while work had substantial merit, it lacked national importance; no evidence showed broader field impact or substantial positive economic effects for U.S. economy.