Published AAO appeal decisions

CEO/manager in business sought EB-1A classification claiming three criteria: judging, leading role, and high salary. Director found only leading role established. AAO dismissed, holding high salary claim failed due to inadequate comparison data and insufficient differential from survey averages.

Business owner in economically depressed area sought EB-2 with NIW for beauty care and candy distribution company claiming national importance through cultural enrichment and economic benefits. AAO held location in depressed area alone insufficient; proposed endeavor lacks significant employment potential or substantial positive economic effects.

A recruiter in financial analysis sought NIW as EB-2 exceptional ability individual proposing to establish a recruitment consulting business. The AAO found substantial merit but dismissed the appeal, holding that the proposed endeavor lacked demonstrated national importance without evidence of broad economic effects.

Retail manager seeking EB-1A extraordinary ability classification. Claimed five criteria: awards, judging, original contributions, leading role, and high salary. AAO held none met: training certificates not awards, model selection not judging, employer letters insufficiently document contributions or distinguished role, and salary evidence incomplete with timing defect.

A business administration consultant seeks EB-2 NIW for a startup consulting company. Director denied the petition. AAO affirmed, finding the proposed endeavor has substantial merit but lacks national importance; helping unidentified SMEs and employing seventeen workers does not rise to national impact required under Dhanasar.

Logistics entrepreneur claiming NIW for business management company. Advanced degree holder qualified for EB-2. Claimed supply chain improvements and job growth demonstrate national importance. AAO found proposed endeavor lacks broader implications and substantial economic impact required for national importance under Dhanasar.

Sales manager at logistics company sought EB-2 NIW. AAO dismissed appeal, finding proposed endeavor lacked demonstrated national importance under Dhanasar's first prong. Petitioner failed to show how continuing sales management work would impact U.S. economy or sector broadly beyond individual clients.

Facilities manager claiming EB-2 with national interest waiver. AAO affirmed Director's finding that proposed endeavor lacks national importance; work limited to immediate employers and clients with no broader field or economic impact. Appeal dismissed.

A customs broker and CEO sought EB-2 classification as an individual of exceptional ability with a national interest waiver. The AAO affirmed denial of both requests, finding the petitioner failed the first Dhanasar prong; while the aviation industry is important, his specific endeavor lacks national importance and his claimed economic benefits lack sufficient evidentiary support.

Chief executive and entrepreneur with advanced degree sought EB-2 national interest waiver. Qualified for underlying advanced degree classification. AAO held proposed endeavor lacked national importance under first Dhanasar prong: petitioner failed to demonstrate substantial U.S. economic impact, job creation, or broader field implications beyond personal work with selected companies and clients.

An accounting specialist entrepreneur sought EB-2 national interest waiver to hire forty-four employees. The AAO affirmed denial under Dhanasar's first prong: while the endeavor has substantial merit, it lacks national importance. The petitioner failed to show significant potential to employ U.S. workers or substantial positive economic effects beyond her company.

A real estate broker sought EB-1A extraordinary ability classification. The AAO dismissed appeal on procedural grounds: petitioner failed to address errors in the Director's motion dismissal decision. On substantive review, salary evidence showed above-average earnings but lacked comprehensive comparative data required.

Telecommunications consultant seeking EB-2 NIW. Petitioner self-filed. AAO found substantial merit but not national importance; evidence showed expertise and past accomplishments but not prospective impact on field or economy at national level.

Entrepreneur seeking EB-2 with national interest waiver to develop a business venture. Petitioner claimed substantial merit and national importance based on business plan, support letters, and documentary evidence. AAO dismissed because the proposed endeavor lacks national importance beyond the immediate employer and customers; descriptions conflicted with Form I-140.

Business consultant with advanced degree seeks EB-2 national interest waiver to operate consulting company serving small and medium enterprises. Petitioner claimed economic growth and government alignment. AAO held national importance unmet; personal statements and business plan lack sufficient evidence of broader field implications or substantial positive economic effects.

Foreign trade specialist sought EB-2 with national interest waiver. AAO held proposed endeavor lacks national importance because evidence shows only limited benefits to specific employer clients, not broader industry implications or significant employment and economic effects.

Business and hospitality management specialist sought EB-2 national interest waiver. AAO dismissed appeal, holding proposed endeavor to reposition U.S. hospitality industry lacks national importance because generalized industry articles do not address specific prospective impact or broader field implications required by Dhanasar.

Business consultant seeks NIW for employment as business manager consultant. AAO affirmed director's finding that petitioner failed to demonstrate national importance; credentials and experience do not show proposed endeavor extends beyond clientele to impact broader field.

A logistics management consultant sought NIW as EB-2 advanced degree professional proposing to establish a consulting company. The AAO dismissed the appeal, finding the proposed endeavor lacked sufficient evidence of substantial positive economic effects or national importance beyond serving particular clients.

Marketing executive sought EB-2 with NIW claiming endeavor enables U.S. companies to globalize through localized marketing campaigns. AAO held general industry importance insufficient; petitioner failed to provide specific evidence that his proposed work impacts U.S. economy, job creation, or trade interests.

A general manager of ethnic grocery stores seeking EB-2 with national interest waiver. AAO held the specific endeavor lacks national importance under Dhanasar because evidence addresses field importance and business operations, not broader implications or documented significant U.S. employment potential.

An advanced degree marketing professional seeks EB-2 NIW for a startup marketing and business development company focused on SMEs. Director denied the petition. AAO affirmed, finding the endeavor has merit but lacks national importance; job creation and economic projections in a single firm are insufficient under Dhanasar.

Advanced degree professional proposed an endeavor with claimed economic impact. AAO dismissed because the petitioner failed to establish the proposed endeavor has national importance; evidence showed only client-level benefits, not broader industry or economic implications meeting Dhanasar standards.

An immigration document preparer and entrepreneur with advanced degree seeking EB-2 classification with NIW. The AAO affirmed the director's finding that the petitioner failed to establish national importance of the proposed endeavor, which involved immigration services and employment.

Chief executive officer and entrepreneur seeking EB-2 exceptional ability classification with national interest waiver. Claimed all six regulatory criteria for exceptional ability. AAO affirmed Director's denial because petitioner failed to satisfy any of the six criteria required for exceptional ability; without underlying EB-2 eligibility, NIW claim could not be reached.