Published AAO appeal decisions

A ship trading company sponsored a marine project manager for EB-2 classification as an advanced degree professional or exceptional ability individual, and later argued it intended a national interest waiver. The AAO dismissed the appeal because the beneficiary did not qualify for the underlying EB-2 classification, and the waiver was not reached.

A logistics entrepreneur with an advanced degree sought an EB-2 national interest waiver to manage a cargo transportation company. The AAO dismissed the appeal because the company lacks national importance and the applicant's educational background was not material to cargo transportation management.

Executive manager from Brazil sought EB-2 classification and NIW waiver to establish marketing and graphic company in United States. AAO dismissed appeal because petitioner failed to establish advanced degree equivalent or exceptional ability under EB-2 criteria, making underlying eligibility dispositive.

A human resources director sought an EB-2 national interest waiver for a proposed HR consulting company. The AAO affirmed denial because the specific endeavor lacked national importance, as evidence showed only local company and client benefits without substantial national economic effects.

Employer sponsored beneficiary in business field for EB-1A extraordinary ability. AAO affirmed denial: beneficiary did not receive major internationally recognized award individually, and record did not satisfy three of ten criteria. Award granted to employer, not beneficiary. Overall record lacks evidence of sustained national or international acclaim.

A restaurant manager claimed advanced degree and exceptional ability in business, seeking EB-2 with national interest waiver. AAO dismissed, finding petitioner did not qualify for EB-2 as neither advanced degree professional nor exceptional ability individual, making NIW eligibility unreachable.

A self-described life coach and motivational leader sought EB-1A extraordinary ability classification. The AAO dismissed, finding he failed to satisfy three required evidentiary criteria and lacked sustained national or international acclaim required for the highest echelon.

Human resources management professional holding advanced degree sought EB-2 national interest waiver. Petitioner established advanced degree eligibility and substantial merit but failed to demonstrate national importance of proposed HR endeavor, relying on credentials rather than prospective impact evidence.

A CEO sought NIW for EB-2 claiming national importance of his business endeavor. AAO dismissed appeal, finding the proposed venture lacked national importance because its impact would be limited to the employer and clients, not the broader field.

A commercial manager seeks NIW for EB-2 to work as commercial management consultant for U.S. businesses. AAO found proposed endeavor has substantial merit but lacks national importance under Dhanasar first prong; petitioner failed to show broad field impact or exceptional economic effects, dismissing appeal.

Business consultant sought EB-2 with national interest waiver for consulting on Brazilian law and export issues. Qualified as advanced degree professional but failed first Dhanasar prong. Endeavor lacks sufficient national importance; general field importance does not establish specific endeavor merit.

Self-petitioner in business management seeks national interest waiver for virtual startup incubator serving vulnerable entrepreneurs. AAO affirmed denial: proposed endeavor lacks national importance; petitioner not well positioned given company nonexistence at filing and absence of investor or customer interest.

Industrial engineer and transportation company owner self-petitioned for EB-2 NIW. AAO affirmed denial because petitioner failed to provide required certified translations and credential evaluations proving foreign equivalent advanced degree, precluding NIW analysis.

Warehouse general manager and plant safety manager sought NIW classification. AAO held proposed managerial work, though demonstrating substantial merit, lacks national importance because it does not show impact beyond prospective employer, industry-wide influence, or significant U.S. job creation or economic effects.

Entrepreneur and regulatory affairs manager with environmental engineering degree seeks NIW for EB-2 classification. Petitioner claimed endeavor consulting on medical device regulations has national importance due to field growth and job creation. AAO found substantial merit but dismissed; working in important field does not establish national importance of specific endeavor.

Entrepreneur and coach specialist with exceptional ability sought NIW for business consulting services in training and development. AAO affirmed denial, finding proposed endeavor has substantial merit but lacks national importance required under Dhanasar; declined to address second and third prongs.

Training specialist sought NIW for self-sponsored business in corporate training and development. Petitioner claimed substantial merit and national importance. AAO dismissed, finding proposed endeavor lacks national importance; revenue projections and modest employment forecasts do not demonstrate substantial economic impact.

An entrepreneur in business management and general operations management sought a national interest waiver. AAO dismissed because the consulting business lacked national importance; helping clients maximize profitability and creating local employment did not extend beyond his clientele to impact the field or economy broadly.

Project management specialist with advanced master's degree seeks EB-2 NIW for self-employment in urban infrastructure development. Director found substantial merit but no national importance. AAO affirmed, holding proposed endeavor lacks national scope or broader implications beyond applicant's own business, and lacks sufficient evidence of prospective impact or regional benefit.

Healthcare and life sciences manager with MBA seeking NIW for training company addressing life sciences talent shortage. Qualified as advanced degree professional. AAO dismissed because proposed endeavor lacks documentary evidence of impact on hiring challenges at national level; focus on specific company rather than broader field advancement.

International trade consultant without job offer seeks NIW. AAO held proposed endeavor lacked national importance; assisting with local construction permits does not demonstrate broader impact. Petitioner failed to clarify specific proposed work or how experience applies in United States, failing prongs one and two of Dhanasar.

Economist seeking EB-2 classification with national interest waiver for business venture addressing housing affordability and homelessness. Claimed substantial merit and submitted articles on housing policy. AAO dismissed, finding petitioner failed Dhanasar first prong: industry importance and government priorities do not establish national importance of the specific proposed endeavor itself.

Executive assistant sought EB-2 NIW with goal of event management role. Petitioner significantly changed proposed endeavor from initial petition to RFE response, creating ambiguity. AAO found endeavor could not be analyzed under Dhanasar framework due to inconsistent articulation.

Logistics business owner sought EB-2 NIW. AAO dismissed the appeal, holding that while the endeavor has substantial merit, it fails the national importance prong because benefits to individual clients do not rise to national impact or demonstrate substantial positive economic effects.

A general and operations manager sought EB-2 classification with national interest waiver. The AAO affirmed denial because the petitioner failed to establish an advanced degree or qualifying work experience under the underlying EB-2 requirements; the decision did not reach the waiver prongs.