Published AAO appeal decisions

Entrepreneur in real estate construction sought EB-2 NIW. Director found advanced degree but denied waiver. AAO affirmed: proposed endeavor had merit but lacked national importance; expanding company and creating jobs in affordable housing insufficient to demonstrate prospective impact beyond petitioner's own operations.

A legal consultant qualified for EB-2 advanced degree seeks NIW to own and operate legal consulting company serving clients in Brazil. AAO found petitioner failed Dhanasar first prong; proposed business lacks national importance and general business administration generalizations insufficient to demonstrate specific endeavor impact.

Security manager self-petitioned for EB-2 NIW. AAO affirmed denial, finding proposed security endeavor had substantial merit but lacked national importance; applicant's personal expertise and experience relate to second prong, not the endeavor's prospective impact.

Security management specialist-entrepreneur sought EB-2 with national interest waiver. AAO affirmed denial of waiver. While finding substantial merit, AAO held endeavor lacked national importance; no corroborating evidence of broad economic or industry impact.

Pharmaceutical logistics consultant seeks EB-2 national interest waiver for proposed endeavor improving clinical trial operations. AAO affirmed director's finding that petitioner failed to establish national importance; specific endeavor lacked sufficient detail and supporting evidence of economic impact beyond regional clients.

Accountant with advanced degree sought NIW to own and operate accounting firm. AAO affirmed Director's finding that the proposed endeavor lacks national importance, as projected hiring and local community impact do not reach the level contemplated by Dhanasar. Appeal dismissed.

Proofreader and localization manager seeking NIW for EB-2 advanced degree classification to establish localization services business. AAO held petitioner did not demonstrate national importance, as endeavor lacks broader impact beyond business operations and targeted clients.

Supply chain specialist seeking EB-2 with national interest waiver. Petitioner failed to demonstrate national importance of proposed endeavor; work lacked broad implications beyond specific employer. Appeal dismissed.

Entrepreneur in transportation sales seeks EB-2 advanced degree and NIW for management consulting firm providing sales and hiring services. AAO affirmed denial because proposed endeavor lacks national importance despite alignment with federal infrastructure initiatives; merely local optimization insufficient.

Business manager sought NIW as EB-2 advanced degree professional. AAO dismissed appeal, affirming director's determination that while endeavor had substantial merit, applicant failed to demonstrate national importance under Dhanasar, lacking evidence of projected economic impact or job creation beyond individual company benefit.

Executive chef with foreign bachelor's degree sought EB-2 NIW claiming the endeavor would innovate Italian cuisine in U.S. establishments. The AAO dismissed because she focused on occupational importance rather than her specific endeavor's prospective impact; preparing food for direct customers lacks broader field implications required by Dhanasar.

Legal analyst and entrepreneur sought NIW for EB-2 advanced degree classification to establish real estate investment consultancy without job offer. AAO dismissed appeal because the proposed endeavor lacked national importance; it would not impact the field broadly or produce substantial economic effects beyond the company and its clients.

Petitioner sought EB-2 NIW for business consulting startup. Director denied, found advanced degree but no national importance. AAO affirmed: generalized industry information insufficient; specific endeavor lacked national or global implications; job creation claims unsubstantiated.

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.

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.

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.