Published AAO appeal decisions

An engineer and management consultant sought EB-2 classification with national interest waiver for a consulting business. The AAO found the petitioner qualified as advanced degree professional but held the proposed endeavor lacked national importance due to modest job creation and revenue, thus dismissing the NIW appeal.

A human resources and marketing communications specialist self-petitioner qualified as advanced degree professional but failed NIW. AAO held proposed endeavor lacked national importance under Dhanasar because it showed no broader implications beyond her company and employees to impact the field or economy.

Self-petitioner entrepreneurial financial manager seeks national interest waiver for proposed business providing financial guidance to small business owners in SBA-designated HUBZone. AAO held proposed endeavor lacked national importance under Dhanasar first prong because benefits did not extend beyond direct clientele and applicant ineligible for HUBZone program.

Advanced degree holder in transportation field self-petitioner seeks NIW for company providing truck driver services in Florida. Director found endeavor had substantial merit but lacked national importance and broader implications beyond customers and employees. Petitioner on appeal argued against numerical thresholds for economic impact but provided no evidence of regional or national economic significance. AAO affirmed dismissal.

Facilities manager seeking NIW for EB-2 claimed his software application for property management has national importance. AAO held he failed to establish EB-2 qualification and that the specific endeavor lacks sufficient prospective impact to constitute national importance.

A commercial development specialist in real estate sought EB-2 classification with national interest waiver. The AAO dismissed the appeal because the petitioner did not meet three of six exceptional ability criteria under 8 C.F.R. § 204.5(k)(3)(ii), making Dhanasar analysis unnecessary.

A chief executive sought EB-2 classification as an individual of exceptional ability and a national interest waiver. The AAO affirmed denial because the petitioner failed to meet any of the three required evidentiary criteria for exceptional ability, including insufficient documentation of ten years of full-time experience and unverifiable letters.

Business development manager with economics and management degrees seeking NIW for freight trucking business. Claimed substantial merit and national importance. AAO found second prong failed because applicant lacked U.S. trucking industry track record and customer interest, making further analysis unnecessary.

Business process engineer sought NIW for consulting venture. AAO reversed director's EB-2 eligibility denial, finding petitioner qualified with bachelor's degree plus five years progressive experience. However, proposed business lacked national importance because specific endeavor would not impact field broadly or achieve national economic significance.

A human resources manager seeking EB-2 classification with national interest waiver claimed her consulting business would generate jobs and share HR knowledge. The AAO held that she failed the first Dhanasar prong because her specific proposed endeavor lacked evidence of national importance, employment potential, or economic impact beyond generalized industry articles.

Business executive sought EB-1A extraordinary ability classification. Petitioner claimed published material, original contributions, and high salary criteria. AAO found published material and leading role criteria met but original contributions lacked field-wide impact and salary evidence was unreliable. Appeal dismissed for failing minimum three-criterion threshold.

A financial manager established a real estate consulting company to promote affordable and sustainable housing. The AAO dismissed the appeal, finding the proposed endeavor lacks national importance because the business plan showing only six jobs over five years and consulting services does not demonstrate impact rising to the level of national importance required under Dhanasar.

Business owner seeks NIW for EB-2 advanced degree classification and national interest waiver. Lacks qualifying advanced degree credential; proposed painting services endeavor fails first prong because it lacks national importance or broader field impact beyond his clients.

General and operations manager sought EB-2 NIW to establish a business. AAO dismissed the appeal, affirming the director's finding that the proposed endeavor lacks substantial merit and national importance, as it cannot demonstrate broader field impact or significant economic effects beyond individual clients.

A business development professional and entrepreneur with pharmaceutical industry experience sought an EB-2 national interest waiver to open a chain of compounding pharmacies. The AAO dismissed the appeal, finding the proposed endeavor lacks national importance because its benefits would not extend beyond her direct clientele to broadly impact the field, even though she is well-positioned to advance it.

Industrial engineer seeking EB-2 with national interest waiver proposed supply chain management consulting. AAO affirmed denial because the specific endeavor lacked demonstrated national importance despite industry importance; supply chain work was confined to individual clients and businesses without broader field-level implications.

A business consultant seeks NIW status to operate a strategy and management advisory service. The AAO rejected the claim because services would benefit only individual client companies without extending to broader industry impact or demonstrating substantial national economic effects.

Human resources consultant with advanced degree sought NIW for EB-2 classification. AAO dismissed appeal because petitioner failed to establish that her specific proposed endeavor has national importance. Generalized information about hotel industry significance did not substitute for demonstrating the particular endeavor's implications.

Production supervisor in automotive industry sought EB-2 advanced degree or exceptional ability classification with NIW. AAO affirmed denial: petitioner satisfied diploma criterion but failed to meet three of six exceptional ability criteria and lacked evidence of expertise above ordinarily encountered levels, thus ineligible for EB-2 and NIW.

A professional with an advanced degree sought national interest waiver for a strategy and marketing consulting business serving automotive manufacturers transitioning to sustainable technologies. The AAO dismissed the appeal because the proposed endeavor lacked sufficient documentation of national importance and the petitioner presented inconsistent, material changes to his proposed business model.

An operations manager sought EB-2 classification with national interest waiver as either advanced degree professional or person of exceptional ability. The AAO dismissed the appeal because the petitioner abandoned the threshold issue of qualifying for the underlying EB-2 classification, declining to reach the Dhanasar framework.

Entrepreneurial marketing director lacks advanced degree and fails EB-2 exceptional ability criteria. Also ineligible for NIW because petitioner changed proposed endeavor articulation, creating ambiguity; AAO could not apply Dhanasar framework to dueling proposed endeavors.

CEO in quality management field sought EB-2 with national interest waiver. AAO agreed endeavor lacked national importance and withdrew director's finding that petitioner was well-positioned to advance it. Appeal dismissed.

Human resources generalist seeks NIW for EB-2 exceptional ability classification. Fails to meet three of six regulatory criteria required for exceptional ability; lacks sufficient documentation of ten years experience and professional association membership. Dhanasar prongs not reached.

Security consultant and business owner sought EB-2 exceptional ability with national interest waiver. AAO affirmed denial because petitioner met only one of six regulatory criteria for exceptional ability. Dhanasar analysis not addressed as petitioner failed to establish underlying EB-2 eligibility requirement.