Published AAO appeal decisions

A real estate broker and sales agent sought EB-2 immigrant classification and national interest waiver. The AAO found she qualified as an advanced degree professional but failed the NIW first prong (substantial merit and national importance), as her real estate brokerage work lacks broader field implications required by Dhanasar.

A public administration expert in sports with advanced degree sought EB-2 NIW classification. Director found substantial merit but denied national importance. On appeal, petitioner submitted letters of intent and business projections forecasting 14 jobs by year five, but AAO found projections lacked significance for broader field or national economy impact.

A petitioner in business management sought EB-2 NIW classification based on an advanced degree. The AAO affirmed denial because the petitioner failed to establish five years of progressive experience in the specialty, a requirement for advanced degree equivalency. The NIW Dhanasar prongs were not addressed.

A paralegal and entrepreneur sought EB-2 national interest waiver for a legal consulting firm. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance; industry importance and past accomplishments were insufficient without evidence of broad prospective impact or substantial economic effects.

Steel manufacturing entrepreneur sought EB-2 advanced degree classification and NIW for proposed steel pipe manufacturing company. AAO dismissed because petitioner failed to demonstrate four-year undergraduate degree equivalent and proposed endeavor lacked national importance beyond prospective clients and employees.

Human resources professional and entrepreneur seeking EB-2 classification with national interest waiver for human resources consulting startup. Qualified as advanced degree professional but failed first Dhanasar prong. AAO found proposed endeavor lacked sufficient evidence of national importance and would benefit only business and immediate clients.

A CEO of a lighting event design group seeking EB-2 classification as exceptional ability professional with national interest waiver. The AAO dismissed because the petitioner failed to establish the underlying EB-2 qualification, lacking both an advanced degree and meeting three of the exceptional ability criteria, making national interest waiver analysis unnecessary.

Public bid procurement specialist sought EB-2 with national interest waiver to work in US helping government win bids in Brazil. AAO dismissed appeal, finding proposed endeavor lacked national importance and failed first prong of Dhanasar; lacked evidence of broader field impact or substantial economic effects.

Business intelligence professional seeking EB-2 with NIW for establishing a company. Petitioner claimed endeavor addresses industry worker shortage with substantial economic impact. AAO held national importance not established; isolated business activities lack broader field implications or substantial economic effects required by Dhanasar.

A co-owner and general manager of a moving and storage business sought EB-2 national interest waiver as individual of exceptional ability. The AAO dismissed the appeal, finding insufficient eligibility criteria for exceptional ability and lack of national importance for the business endeavor.

Commercial administrator with logistics focus seeks NIW for EB-2 exceptional ability classification. AAO dismissed appeal, adopting director's finding that proposed logistics and supply chain management endeavor, while having substantial merit, lacks national importance; benefits limited to future clients rather than broader industry impact.

Legal and business advisor sought NIW as EB-2 to provide technical and mechanical support to disaster-affected communities and businesses. Petitioner claimed national importance based on reconstruction efforts and economic growth. AAO rejected national importance because claimed impact lacks substantiation and does not demonstrate broader industry or substantial economy-wide effects.

A business consultant seeking NIW claimed her financial and business management consulting endeavor would have national importance through job creation and economic benefits. AAO affirmed denial because the specific endeavor lacked sufficient prospective impact on the field or economy to constitute national importance under Dhanasar.

Senior project manager seeking EB-2 exceptional ability and national interest waiver. Petitioner claimed six regulatory criteria but AAO found only two met. AAO withdrew Director's finding on one criterion, leaving only two criteria satisfied. Dismissed because petitioner failed to meet the three-criterion threshold for exceptional ability, disqualifying him from NIW consideration.

Aviation supply chain director sought EB-2 national interest waiver to create outsourced supply chain service company. AAO dismissed appeal, finding proposed endeavor lacked national importance; petitioner's expertise and industry knowledge addressed second prong, not first prong's requirement for specific endeavor impact.

Petitioner with business plan seeking EB-2 with NIW for startup company projecting job creation and employee growth. AAO affirmed denial, finding business plan and employment projections insufficient to establish national importance or demonstrate impact beyond the company itself.

A Portuguese language instructor seeks NIW for a translation and language teaching business in Florida. The AAO dismissed the appeal, finding substantial merit but no national importance because the proposed endeavor lacks broader field implications and significant prospective economic impact beyond regional clients.

Marketing consultant entrepreneur sought EB-2 national interest waiver. AAO affirmed dismissal, finding her proposed marketing consulting services lacked national importance under Dhanasar's first prong; the endeavor's benefits would not extend beyond her company and clientele to impact the field or economy broadly.

A financial officer holding an advanced degree sought EB-2 with NIW, proposing to serve as CFO of supply chain consulting company. The AAO affirmed denial, finding the proposed endeavor lacked national importance; projected economic benefits and individual company engagement insufficient to meet national importance standard.

Entrepreneur in business and corporate law sought EB-2 NIW. Appeal dismissed on signature deficiency and failure to establish national importance; petitioner focused broadly on energy investment industry rather than specific endeavor, without proving impact beyond secondary effects in narrow area.

Franchise and business management consultant sought NIW to work as entrepreneur providing consulting services. AAO held petition failed because proposed endeavor lacked demonstrated national importance; generalized economic benefits and small business support insufficient without evidence of broader field impact or substantial economic effects.

Health auditor and entrepreneur with advanced degrees in education, business, and health administration seeks NIW for EB-2. Proposed consulting firm improving workplace health environments. AAO held proposed endeavor has substantial merit but lacks national importance; merely working in important field is insufficient without demonstrating specific endeavor's broader impact.

A beverage bottling industry business developer sought EB-2 classification with NIW. The AAO dismissed, finding the proposed quality consulting endeavor lacked national importance, as it was limited to client work in manufacturing efficiency without demonstrated broader implications for the bottling industry.

Advanced degree professional proposed to serve as master consultant in human management and corporate wellness, particularly for healthcare workers. AAO found the endeavor has substantial merit but lacks evidence of national importance, failing the first prong of the Dhanasar test for NIW eligibility.

Trade finance and operations management entrepreneur filed for EB-2 national interest waiver. AAO affirmed denial because petitioner failed to show his proposed consulting company would have prospective impact rising to national importance; establishing an SME consulting service in HUBZone areas, without demonstrated substantial economic benefits, does not meet Dhanasar prong one.