Published AAO appeal decisions

An automotive service technician sought NIW for an exceptional ability business endeavor. The AAO dismissed the appeal, finding the proposed automotive repair venture lacked national importance despite its focus on important industry challenges; benefits were too localized to the petitioner's company.

Restaurant company seeking to employ beneficiary to lead expansion across United States. Claimed expansion creates thousands of jobs in economically distressed areas and promotes cultural exchange. AAO held specific endeavor lacks national importance; job projections unsubstantiated; 19 jobs per location insufficient; market demand unproven.

CEO with advanced degree sought EB-2 national interest waiver for electronics export business. AAO dismissed motions to reopen and reconsider, finding petitioner failed to establish national importance of the proposed endeavor. Motion evidence showed decreased business income and insufficient economic impact.

Entrepreneur seeks NIW for EB-2 classification to operate business consulting and professional development company. AAO dismissed appeal, finding proposed endeavor lacks national importance despite alignment with federal programs; focus on specific undertaking rather than general business importance is determinative.

An EV industry consultant sought an EB-2 national interest waiver to improve production and efficiency in the electric vehicle sector. The AAO affirmed denial because the proposed endeavor, while addressing national concerns, lacked demonstrated national importance and broader field implications beyond specific client work.

HR specialist with advanced degree seeking NIW for startup providing tech-enabled HR services to small businesses. AAO dismissed appeal, finding endeavor has substantial merit but lacks demonstrated national importance; projections of indirect job creation insufficient without specifics on location or type.

Business researcher proposed financial-marketing integration model for small business performance, then materially expanded endeavor during RFE response to include professorship, additional research areas, and advisory work. AAO dismissed appeal: petitioner substantially altered claims after SCOPS identified deficiency, making foundational endeavor undefined and preventing proper Dhanasar framework application.

A lawyer and entrepreneur sought EB-2 national interest waiver to operate a legal and financial services firm. The AAO found the proposed endeavor lacked national importance despite claims of job creation and serving national clientele. The decision focused on the specific business impact rather than industry importance, dismissing the appeal.

Humanitarian nonprofit petitions for HR manager beneficiary for EB-2 with NIW. Beneficiary holds advanced degree and employer established EB-2 eligibility. AAO dismissed, finding proposed endeavor lacked sufficient national importance to satisfy first Dhanasar prong.

Business operations specialist sought EB-2 NIW classification. Service center denied underlying EB-2 qualification and NIW eligibility. AAO dismissed appeal, focusing on first Dhanasar prong: proposed endeavor lacks national importance because it shows no significant potential to employ U.S. workers, no substantial positive economic effects, and anticipated financial loss.

Business analyst and trade consultant seeks EB-2 classification with national interest waiver for data analytics platform targeting maritime security and trade transparency. AAO affirmed that proposed endeavor lacks national importance and petitioner is not well positioned to advance it; insufficient evidence of economic or security impact.

Event planner sought EB-2 with national interest waiver for a consultancy firm in event planning and training. The AAO dismissed the appeal, finding the petitioner failed to establish national importance; the business impact was limited to the company and its clients with no demonstrated industry-wide influence or substantial economic effect.

A senior lead consultant sought EB-2 exceptional ability classification with a national interest waiver. The AAO dismissed the appeal because the petitioner met only one of the needed three exceptional ability criteria, with salary and recognition evidence insufficient. It therefore did not reach the waiver analysis under the Dhanasar framework.

Petitioner seeks NIW as EB-2 member with advanced degree, proposing to provide real estate consulting services through his company. SCOPS found substantial merit but denied national importance and waiver. AAO upheld dismissal, finding petitioner failed to demonstrate broader field or economic impact rising to national importance level.

Aging services manager with recent advanced degree seeks EB-2 NIW to advance elder care nationally. AAO dismissed because petitioner failed to establish that proposed endeavor has national importance or that she is well-positioned to advance it; lacks innovation evidence, customer interest, or realized progress.

Supply chain consultant with advanced degree sought EB-2 classification and NIW. Petitioner claimed substantial merit and national importance of proposed supply chain consulting business. AAO agreed substantial merit established but found record did not demonstrate national importance; business impact limited to individual clients without broader economic or field-wide implications.

Advanced degree professional in aviation safety sought NIW for endeavor providing safety training and consultancy to airlines. AAO found no demonstrated national importance: articles on aviation safety importance insufficient; petitioner failed to show specific endeavor methods would have national implications or create substantial U.S. economic impact. Appeal dismissed.

A business administrator sought EB-2 classification as advanced degree professional or person of exceptional ability, plus NIW. SCOPS denied both. The AAO remanded, finding SCOPS misrepresented the record, confused two separate petitions, and did not provide meaningful opportunity to contest. No opinion on ultimate merits.

A self-petitioning business owner sought a national interest waiver with EB-2 classification. After the denial, appeal and earlier motions were dismissed, she filed a motion to reopen. The AAO dismissed it because it offered no new facts backed by documents addressing the prior dismissal, and the merits of the waiver were not reached.

Entrepreneur in teambuilding and business development sought EB-2 NIW to establish consulting firm. AAO found endeavor had substantial merit but lacked national importance. Petitioner failed to demonstrate prospective impact extending beyond individual consulting services to show substantial economic effects or broader field implications.

Labor relations expert and entrepreneur seeks EB-2 with national interest waiver for consulting firm. AAO found substantial merit but no national importance because impact limited to individual client organizations, not broader field or economy. Appeal dismissed on first Dhanasar prong.

Decision addresses EB-2 exceptional ability classification with NIW request, not NIW under Dhanasar framework as stated in visa attribute. Petitioner failed to meet three-criterion threshold for exceptional ability; NIW determination not reached. Appeal dismissed.

SAP consultant self-petitioned for EB-2 NIW seeking to optimize enterprise solutions for small and medium enterprises. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance despite its substantial merit; consulting services to individual clients lack the broad prospective impact required.

Associate director in international supply chain operations seeking EB-2 national interest waiver. Service center found advanced degree qualification but denied waiver. AAO affirmed, holding that supply chain management work, despite general field importance, does not demonstrate specific national importance under Dhanasar first prong.

Professional with advanced degree in geodetic engineering sought EB-2 NIW for co-living management system for senior citizens. Proposed endeavor has substantial merit addressing housing and aging issues, but petitioner failed to demonstrate national importance; impact limited to end users without evidence of broader field transformation or economic benefits.