Published AAO appeal decisions

Real estate entrepreneur sought EB-2 advanced degree classification and NIW. AAO affirmed denial because petitioner failed to demonstrate five years progressive post-baccalaureate experience in specialty; employment letters lacked required employer details and did not show progressive experience.

A project manager sought EB-2 NIW to start a management consulting company. Although meeting underlying EB-2 eligibility, the AAO dismissed the appeal because the petitioner failed the first Dhanasar prong: consulting services to individual clients lacked evidence of broader industry impact or national importance.

A business consultant seeking EB-2 with NIW, proposing to open a consulting company assisting Latin American women entrepreneurs with sustainable businesses. The AAO affirmed denial, finding the proposed endeavor showed substantial merit but lacked national importance; serving individual clients insufficient for broader field impact.

A strategic business consultant self-petitioned for EB-2 NIW, claiming his consulting services to SMEs would boost market valuation and revenues. The AAO dismissed the appeal because the petitioner failed to demonstrate national importance: he provided no concrete plan, economic projections, or evidence of prospective broad impact beyond serving individual clients.

A project manager seeking self-petitioned EB-2 NIW to operate his own rail maintenance procurement business claimed national importance. The AAO dismissed the appeal because the petitioner failed to identify a specific proposed endeavor with sufficient detail regarding contracts, future plans, or business model to establish national importance.

A business manager and consultant with an advanced degree sought EB-2 NIW to establish a consulting company in financial education and business administration. The AAO dismissed the appeal because the petitioner failed to demonstrate national importance, lacking evidence that the proposed endeavor would impact the fields more broadly beyond serving individual clients.

Self-petitioner entrepreneur sought EB-2 NIW to open grocery store chain. AAO held proposed endeavor lacked national importance under Dhanasar; employment and revenue projections did not demonstrate substantial economic effects at regional or national level.

Entrepreneur seeking EB-2 classification and NIW for specialized logistics services in road transport. Petitioner claimed STEM field designation and endeavor supports American business management and planning. AAO held supply chain logistics important generally, but petitioner failed to demonstrate specific endeavor's potential to impact field at national importance level.

A business development specialist sought a national interest waiver for self-employment in business development consulting. The AAO affirmed dismissal, finding substantial merit in the field but no national importance because evidence lacked a detailed business plan and failed to demonstrate substantial economic effects at a national level.

Business development specialist proposes consulting services to U.S. companies in unspecified sectors emphasizing economic stimulation. Claimed national importance from field contributions and economic growth potential. AAO affirmed denial: professional plan lacks business projections, scope details, or evidence that local economic stimulation reaches substantial national-level impact threshold.

Business and marketing professional seeking EB-2 classification with national interest waiver for marketing and business consulting firm. Qualified as advanced degree professional but failed first Dhanasar prong. AAO found firm would not employ substantial U.S. workers or create significant economic impact beyond serving own clientele.

Security consulting entrepreneur filed for EB-2 national interest waiver. AAO affirmed denial because petitioner failed to demonstrate national importance of proposed HUBZone consulting business; vague endeavor description, absence of evidence on projected staffing, job creation, and substantial economic benefits prevent satisfaction of Dhanasar prong one.

A security management specialist seeks EB-2 exceptional ability classification and national interest waiver for a security services company addressing drug trafficking. The AAO dismissed, finding substantial merit but no national importance; the endeavor lacks broader industry impact and insufficient economic benefits.

A business administrator sought EB-2 with national interest waiver for business consulting services. While the AAO found substantial merit, it dismissed because the proposed work lacked national importance (limited to his own clients, no broader field or economic impact) and he was not shown to be well-positioned to advance the endeavor.

A facility manager sought EB-2 national interest waiver for proposed facility management and sustainability projects. While establishing substantial merit, he failed to demonstrate national importance under Dhanasar because the record lacked evidence of broader field implications, significant U.S. worker employment potential, or substantial positive economic effects beyond individual customer benefits.

A business manager sought NIW based on EB-2 exceptional ability or advanced degree. The appeal was dismissed as moot following a motion to reconsider. On merits, the petitioner failed to establish national importance; the vacation rental business endeavor would serve an existing tourism industry locally but lacked broader implications or substantial economic effects commensurate with national importance.

A home beauty services business owner self-petitioner seeking national interest waiver under EB-2. The AAO dismissed, finding although the endeavor had substantial merit, it lacked national importance because the proposed app-based business would not impact the beauty services industry broadly or generate substantial economic benefits beyond her immediate clientele.

Real estate entrepreneur with advanced degree sought EB-2 national interest waiver for foreign investment consultancy. AAO affirmed denial, finding business plan fails to demonstrate national importance: lacks evidence of specific impact on industry, substantial job creation, economic benefits to region, or broader implications required.

Management consulting business owner sought NIW as EB-2. Petitioner claimed her consulting services would drive economic growth and enhance competitiveness nationally. AAO found substantial merit but rejected national importance because her specific business would not demonstrate impact on management consulting field or national economy more broadly.

Business consultant seeking NIW for EB-2 classification. Petitioner claimed proposed business training and consulting endeavor would create jobs and contribute to economy. AAO held claimed endeavor lacks specific plan demonstrating national impact; experience and talent do not establish broad field impact at national level.

General and operations manager in residential construction sought EB-2 with national interest waiver. AAO agreed petitioner established advanced degree eligibility but dismissed appeal on NIW because specific endeavor lacked national importance under Dhanasar first prong.

A petitioner proposes to establish a sales and marketing organization to promote lesser-known U.S. tourism destinations beyond the top 20. AAO held the proposed endeavor lacks national importance because it fails to demonstrate broader field implications, lacks specificity on target regions, and revenue/employment projections do not show substantial economic effects.

A sales manager in IT and banking sought EB-2 classification with a national interest waiver. The AAO found her proposed endeavor had substantial merit but lacked national importance because she failed to demonstrate her specific venture would benefit the economy or field nationally; appeal dismissed.

A trainer sought EB-2 classification with national interest waiver for a Florida physical training business. The AAO dismissed because while the endeavor has substantial merit, it lacks national importance; modest revenue and employment projections demonstrate no substantial positive economic effects at regional or national level.

Supply chain management consultant with advanced degree seeks NIW. Petitioner established advanced degree status and eligibility under second Dhanasar prong but failed first prong. Proposed services lack demonstrated national importance despite HUBZone location; no projected economic impact or job creation evidence.