Published AAO appeal decisions

Security consultant and business owner sought EB-2 exceptional ability with national interest waiver. AAO affirmed denial because petitioner met only one of six regulatory criteria for exceptional ability. Dhanasar analysis not addressed as petitioner failed to establish underlying EB-2 eligibility requirement.

General and operations manager with physiotherapy background seeks NIW to open Pilates academy in Florida. AAO dismissed appeal, finding the proposed endeavor has substantial merit but lacks national importance because it would not impact the Pilates industry broadly or produce substantial positive economic effects beyond her clients.

Business and financial manager seeking NIW for self-employment in real estate rehabilitation and device repair. Director acknowledged advanced degree and substantial merit but found proposed endeavor lacked national importance. AAO affirmed, finding disparate business aspects too similar to ordinary commercial operations to warrant waiver.

A construction project manager sought EB-2 NIW to continue work designing and planning infrastructure projects. The AAO dismissed the appeal because the petitioner conflated the national importance of infrastructure generally with the specific impact of his individual project management work.

A chef seeking NIW claimed his proposed endeavor to teach and consult with restaurants on operations had substantial merit and national importance, citing food safety and industry shortage articles. AAO found the endeavor had substantial merit but rejected national importance: the proposal was too vague and broad across multiple industries without specific prospective impact, and did not extend beyond his prospective clients to influence the field nationally.

Supply chain manager sought NIW for EB-2 exceptional ability classification. Petitioner proposed designing and implementing distribution systems to advance US logistics economy. AAO dismissed because proposed endeavor failed national importance requirement; support letters showed competence only, not broader field implications or substantial economic effects.

A quality systems specialist sought EB-2 NIW claiming her consulting work would improve industry performance and national economic output. The AAO dismissed, finding her work for fifteen small companies lacked evidence of national-scale impact or substantial economic effects required for national importance.

Legal and business consultant seeking EB-2 NIW claimed broad endeavor spanning legal consulting, real estate investment, and Kazakhstan-U.S. business ties. AAO held the proposed endeavor lacked specificity and national importance; individual benefits and economic assertions insufficient for national-level impact.

Human resources consultant with advanced degree in psychology seeks EB-2 national interest waiver for consulting business. Claimed national importance based on HR field demand and prior professional accomplishments. AAO dismissed, finding petitioner adequately defined endeavor but failed to establish national importance; focus on endeavor itself, not petitioner's qualifications.

An entrepreneur directing a small freight transportation company sought a national interest waiver. AAO dismissed because the proposed endeavor lacked national importance; local job creation and company-focused benefits did not extend to broader industry or national economic impact.

Physician and business consultant sought NIW as EB-2 advanced degree professional. AAO affirmed denial, finding proposed endeavor had substantial merit but lacked national importance. Vague description of business consulting services and market opportunity did not establish specific prospective impact on healthcare field.

Entrepreneur seeking national interest waiver for EB-2 exceptional ability classification. Petitioner claimed involvement with brand and ventures. AAO withdrew Director's finding that petitioner met three criteria, concluding insufficient evidentiary basis for EB-2 eligibility; first Dhanasar prong also not met; appeal dismissed.

Sales manager holding advanced degree sought national interest waiver for EB-2 proposed endeavor. AAO dismissed appeal, finding proposed sales work in IT sector lacked national importance under Dhanasar framework; revenue generation to employer insufficient without demonstrating wider significance or broader implications.

Human resources entrepreneur sought NIW as EB-2 advanced degree or exceptional ability holder. Proposed HR consulting services in Texas. AAO reversed Director's advanced degree finding; affirmed denial under Dhanasar, finding endeavor lacked national importance despite employment projections and industry importance.

Business sustainability specialist sought EB-1A extraordinary ability. Director found two criteria met. Petitioner claimed five additional criteria on appeal. AAO affirmed only two criteria satisfied, finding no major, nationally recognized award and insufficient evidence of extraordinary ability or top-tier status.

Organizational psychologist sought EB-2 NIW for HR services business. Claimed substantial merit and national importance. AAO found substantial merit established but rejected national importance because the endeavor would not impact the HR field broadly, only the petitioner's organization and clients.

Chief executive in small business development seeking EB-1A extraordinary ability classification. Met two of ten regulatory criteria: judging and scholarly articles. AAO dismissed appeal because petitioner failed to meet three criteria required for EB-1A eligibility and did not demonstrate sustained acclaim or top-tier recognition.

A marketing and product development executive sought EB-2 classification as an advanced degree professional and national interest waiver. The AAO affirmed denial because her proposed endeavor to develop beauty industry products lacked national importance; impact limited to specific employer benefit rather than broad industry or economic effect.

A general and operations manager pursued EB-2 advanced degree and NIW classification. The AAO found the petitioner failed to identify a specific proposed endeavor, instead describing general construction management. Without specific details, national importance and positioning could not be assessed.

Logistics manager sought EB-2 NIW to operate trucking company. AAO dismissed: while endeavor has substantial merit, petitioner failed to demonstrate national importance. Business plan projections and job creation targets insufficient to show substantial positive economic effects at national level required by Dhanasar.

Entrepreneur seeking NIW for EB-2 classification. Proposed service outsourcing and marketing business. AAO dismissed because petitioner failed to establish advanced degree eligibility and did not demonstrate national importance of proposed endeavor; expert letter provided only conclusory assertions without substantive explanation.

Human talent administrator sought NIW as EB-2 advanced degree professional for HR consulting company. AAO affirmed denial, finding endeavor lacked national importance. Business plan showed potential but failed to demonstrate broad field implications, substantial economic effects, or impact beyond clients sufficient for national importance.

Cross-cultural leadership specialist sought EB-2 NIW to advise US businesses on organizational development. Petitioner met second prong showing qualifications but failed first prong; proposed work would not extend beyond employer and clients to impact the field at national level.

An entrepreneur in commercial management proposed financial and commercial consulting. AAO dismissed because the proposed endeavor lacks national importance; evidence does not establish regional or national impact or broader implications in the commercial consulting field.

A police inspector with an advanced degree sought EB-2 national interest waiver for a private security consulting business. The AAO dismissed the appeal, finding that while the field itself is important, the petitioner failed to demonstrate his specific business would impact the private security industry broadly or extend beyond serving individual clients.