Published AAO appeal decisions

An IT consulting CEO proposed establishing a company in a HUBZone claiming national importance through employment projections and revenue generation. The AAO held the specific endeavor lacks national importance because it would only benefit prospective customers and employees; employment and tax projections alone do not establish substantial economic effects at national level.

Construction business manager sought EB-1A extraordinary ability. Petitioner submitted untranslated materials without explaining which criteria addressed, failed timely RFE response, and provided only generic client appreciation letters. Appeal dismissed for failure to identify grounds.

A general and operations manager in manufacturing sought EB-2 exceptional ability and NIW. AAO dismissed, finding he satisfied only two of six regulatory criteria, falling short of the three required; NIW prongs reserved.

Marketing professional with advanced degree sought EB-2 national interest waiver for a proposed digital platform connecting investors and property services. AAO dismissed the appeal, holding the petitioner failed to provide sufficient detail about the specific proposed endeavor to establish substantial merit and national importance.

A driving school owner sought EB-2 NIW classification claiming exceptional ability. The AAO dismissed the appeal because the proposed endeavor lacked national importance, showing only local business success without broader impact on the driving safety field or economy.

CEO and entrepreneur sought EB-2 national interest waiver for construction company. Petitioner cited HUBZone certification, direct and indirect employment projections, and economic enhancement claims. AAO held the record lacked sufficient evidence of prospective economic impact or national importance of the specific endeavor beyond general industry benefits.

A project manager with chemistry and MBA degrees sought EB-2 NIW classification to advance construction project management methodologies. The AAO found no sufficient evidence of national importance for the proposed endeavor. Second and third prongs were not reached. Appeal dismissed.

Commercial specialist with advanced degree seeks EB-2 NIW classification. Petitioner met advanced degree professional standard but failed national importance prong of Dhanasar framework. Decision held that past achievements improving single employer's operations do not demonstrate broader field impact or national-level implications required for NIW.

A CEO of a specialty lighting company seeking to expand consulting services in commercial management, partnership enablement, and export consulting claimed a national interest waiver. The AAO found substantial merit but rejected national importance because the company would serve only specific clients without broader implications for the industry or U.S. economy.

CEO sought EB-2 exceptional ability with national interest waiver. AAO held petitioner met only one of six regulatory criteria for exceptional ability; failed to establish ten years experience, relevant licensure, comparative salary evidence, qualifying membership, or achievements; could not proceed to NIW analysis.

Entrepreneur in wallpaper industry seeking EB-2 NIW presented inconsistent proposed endeavors: wallpaper business and finance treasurer role. The AAO dismissed the appeal because petitioner failed to consistently describe the specific proposed endeavor, preventing assessment of substantial merit and national importance.

Entrepreneur in accounting/business qualified as advanced degree professional but failed NIW. Motion to reopen and reconsider dismissed because Petitioner offered previously submitted arguments without new evidence showing national importance or substantial positive economic effects.

Healthcare lobbying specialist in Brazil seeks EB-2 NIW. Claimed STEM field designation and pharmaceutical economics focus establish national importance. AAO dismissed, finding proposed endeavor lacks prospective impact on industry or economy beyond client work; STEM designation alone insufficient without demonstrated broader field impact.

A pastor sought NIW classification for a pastoral counseling firm in Pennsylvania. The applicant claimed substantial social and cultural value. The AAO found the endeavor had substantial merit but lacked national importance, finding no evidence of broader field impact, job creation potential, or substantial economic effects beyond specific clients.

Healthcare administrator seeking NIW for EB-2 to work in healthcare facilities and create consulting company. Claimed national importance through healthcare importance and business plan. AAO dismissed, finding endeavor has substantial merit but lacks national importance because work limited to individual company clients without broader field impact.

A procurement and import specialist sought EB-2 exceptional ability classification with a national interest waiver. The AAO affirmed denial because the petitioner did not establish ten years of experience or meet three of six exceptional ability criteria, rendering him ineligible for the underlying classification and making the NIW analysis unnecessary.

Public relations consultant seeking NIW for EB-2. Claimed public relations work has national importance via articles and employment projections. AAO dismissed, affirming Director's finding that contradictory evidence and generic field importance do not establish national importance of petitioner's specific endeavor.

An entrepreneur seeking EB-2 NIW for a digital marketing and mobile app consultancy business claimed substantial merit and national importance. AAO agreed substantial merit was established but held the specific endeavor lacked national importance because it showed no broader implications beyond the company and its customers.

Logistics manager consultant sought EB-2 with NIW to open pharmaceutical consulting company. AAO held she lacked advanced degree or exceptional ability for EB-2; failed first Dhanasar prong because proposed endeavor lacked national importance, showing only local client value without broader field implications.

An entrepreneur with advanced degree in logistics sought national interest waiver for EB-2. AAO dismissed, finding petitioner confused industry importance with endeavor importance, failed to establish specific business would substantially benefit field or economy, and lacked credible job creation projections.

An entrepreneur with a claimed master's degree from Brazil sought EB-2 NIW classification. The AAO found the petitioner did not establish an equivalent U.S. advanced degree or five years of progressive experience, and waived exceptional ability arguments. The Dhanasar NIW criteria were not addressed.

A general operations manager with advanced degree sought national interest waiver for EB-2 classification. AAO dismissed appeal, finding the proposed endeavor has substantial merit but lacks national importance under Dhanasar; benefits are limited to individual clients without broader implications to the field or economy.

A consultant sought EB-2 with NIW. The AAO affirmed denial because the petitioner did not establish an advanced degree equivalent through proper academic records, only submitting diploma and educational evaluation letters. The decision did not reach NIW analysis.

A pilot seeking EB-2 NIW to work in aviation claimed his endeavor has substantial merit and national importance. AAO held that while the aviation industry is important, the pilot's specific proposed work lacks demonstrated national importance and broader field impact.

A wellness consultant sought EB-2 NIW without submitting translated degree transcripts and claiming her consultancy firm would advance national wellness. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance because it would only benefit clients and trainees locally, not impact the field broadly.