Published AAO appeal decisions

An entrepreneur with fifteen years of business experience in strategy, development, and international trade sought EB-2 NIW classification. The AAO dismissed the appeal, finding the petitioner's proposed work expanding existing businesses lacked national importance under Dhanasar's first prong; no evidence of substantial economic impact beyond his companies.

Business executive sought EB-2 with national interest waiver. Director granted advanced degree classification but denied waiver. AAO agreed waiver not warranted: petitioner's company growth lacked national economic significance, aviation training software and academy projects showed no substantial benefits extending beyond his companies to impact industry broadly.

General operations manager sought national interest waiver for EB-2 advanced degree classification. AAO dismissed appeal because petitioner's proposed consulting company endeavor lacked national importance under Dhanasar; business served only direct employer and clients, not broader U.S. economic effects or job creation.

Regional sales manager seeks NIW for continued sales management work improving team performance and cross-border transactions. AAO dismissed appeal, finding endeavor lacks national importance; proposed work shows no particular process improvement, and benefits would be limited to employer and clients.

Business executive and company founder in China claimed six evidentiary criteria for extraordinary ability. AAO found one criterion met but concluded petitioner failed to satisfy the three-criterion threshold and lacks sustained national or international acclaim required for EB-1A classification.

Self-petitioner and business owner in logistics and supply chain management. Established advanced degree eligibility but sought national interest waiver. AAO dismissed, finding proposed business endeavor, though meritorious, lacks national importance as required by first Dhanasar prong; no broader field or substantial economic impact demonstrated.

Media management expert sought EB-1A extraordinary ability classification. Claimed judging, leading role, salary, and original contributions criteria. AAO found only judging criterion met; one criterion insufficient. Record lacks evidence of sustained national or international acclaim required for extraordinary ability classification.

Business manager with advanced degree sought national interest waiver for EB-2 claiming endeavor to improve U.S. business structures and profitability. AAO found he was well positioned to advance but proposed endeavor lacked sufficient national importance specificity, failing first Dhanasar prong and rendering waiver ineligible.

Investment firm petitioned for investment banking executive beneficiary claiming six criteria. AAO found at most one criterion met and rejected the director's published material finding, concluding petitioner failed to establish extraordinary ability or the three-criterion threshold.

A nonprofit executive sought EB-2 exceptional ability and national interest waiver. The AAO affirmed that he did not meet exceptional ability criteria. On NIW review under Dhanasar, the decision found the first prong failed because his proposed nonprofit management work lacked sufficient detail to demonstrate national importance beyond organizational level activities.

A businessperson sought extraordinary ability classification claiming membership in associations requiring outstanding achievements. The AAO found willful misrepresentation of material facts regarding association memberships through altered translations and falsified documents, dismissed the appeal on withdrawal, and entered a separate finding of material misrepresentation affecting future admissibility.

A business executive in the energy industry sought extraordinary ability classification, claiming to rank among top corporate executives worldwide. The Director found only the leading or critical role criterion met. The AAO dismissed the appeal because membership and published material were not established and the record lacked sustained acclaim at the top of the field.

Development director self-petitioned for EB-1A visa. Applicant met three evidentiary criteria but appeal dismissed on final merits. Motions to reopen and reconsider dismissed because petitioner submitted no new facts or evidence and failed to show AAO misapplied law or policy.

An administrative services specialist sought EB-2 classification with a national interest waiver but failed to qualify as advanced degree holder or person of exceptional ability. The AAO found her proposed work as executive assistant lacked national importance under Dhanasar's first prong, showing no substantial economic benefits, dismissing the appeal.

Beauty products company petitioned for executive with extraordinary ability in business. Although the beneficiary met published material and leading role criteria, she failed to establish three total criteria and lacked sustained national or international acclaim required for EB-1A.

Administrative services manager claimed extraordinary ability under EB-1A. AAO dismissed motions to reopen and reconsider because petitioner failed to provide new evidence timely, did not demonstrate erroneous application of law, and did not establish any of the eight evidentiary criteria.

A consultant claimed extraordinary ability based on original contributions, leading role, and high salary. The AAO found only the leading role criterion met, fell short of the three-criterion minimum, and dismissed the appeal without reaching final merits analysis.

An operations representative claiming international expertise in security, risk analysis, and related fields sought national interest waiver for EB-2. The AAO dismissed because he did not qualify as an advanced degree professional or individual of exceptional ability; he did not meet three of six regulatory criteria for exceptional ability.

Emergency management specialist sought EB-2 exceptional ability classification and national interest waiver. Petitioner claimed four criteria but failed to meet three required. AAO found proposed work lacked national importance under Dhanasar, dismissing appeal without analyzing remaining NIW prongs.

Business development specialist self-petitioner claimed four criteria and extraordinary ability. AAO upheld finding of three criteria met but determined overall evidence did not demonstrate sustained national or international acclaim required for extraordinary ability classification.

A vice president and chief content officer at a media company sought EB-1A classification. She met three criteria: judging, leading role, and high salary. However, the AAO found the totality of evidence insufficient to establish sustained national or international acclaim required for extraordinary ability.

Project commercial manager in rail transportation claims extraordinary ability. AAO found judging evidence lacks specificity and documentation. Final merits analysis shows work on high-profile projects insufficient to establish sustained national or international acclaim at field's top.

A CEO and business training center founder claimed seven criteria for extraordinary ability, satisfying three initially. The AAO found insufficient evidence of sustained national or international acclaim, with media coverage local rather than national, dismissing the appeal.

Systems engineer and project manager with advanced degree sought national interest waiver for EB-2 by claiming endeavor to close diversity gaps in STEM through educational programs. AAO found proposed work lacked sufficient prospective impact beyond specific students to meet national importance standard and thus failed first Dhanasar prong.