Published AAO appeal decisions

A security consultant sought EB-2 national interest waiver to establish a security services business. The AAO affirmed denial, finding the proposed business lacked national importance despite the field's merit, as its impact would not extend beyond specific clients to affect the security sector broadly.

Financial technologist and CEO of self-owned fintech firm from Dominican Republic seeking EB-1A classification. Claimed five criteria; the AAO found membership and high salary unmet and deemed published material and scholarly articles waived. Without three criteria met, the AAO dismissed the appeal without reaching overall extraordinary ability.

International trade specialist sought EB-1A extraordinary ability classification. Petitioner claimed six criteria and service center found two met. On appeal, petitioner contended three additional criteria were satisfied. AAO affirmed service center's findings, concluding petitioner met only two criteria (judging and scholarly articles), below the three-criterion threshold, and dismissed the appeal without reaching final merits.

A business development coach from Colombia claimed extraordinary ability in social innovation and sustainable business. The AAO found he met only two of ten evidentiary criteria and did not satisfy the threshold requirement of three criteria, so dismissed without reaching the final sustained acclaim analysis.

A business continuity planner seeks EB-2 NIW based on exceptional ability and national interest. The AAO found the endeavor has substantial merit but lacks demonstrated national importance because support for Latino small businesses lacks sufficient prospective economic impact or field-wide implications, and the petitioner failed the first Dhanasar prong.

A travel and tourism company executive sought extraordinary ability classification, but this decision is an EB-1A matter rather than a national interest waiver. The AAO dismissed the appeal because the evidence did not meet at least three evidentiary criteria, and it reserved the remaining prospective-benefit issue.

Business management consultant with advanced degree sought EB-2 NIW. AAO dismissed appeal, finding proposed endeavor lacked national importance under Dhanasar first prong. Business plan projections and service to minority-owned small businesses insufficient to demonstrate broader economic or sectoral impact.

Self-petitioner in digital education transformation business seeks EB-1A classification. Three initial criteria met but appeal dismissed because record shows limited, recent instances without sustained national or international acclaim or evidence of top-tier recognition in the field.

An IT consultant sought EB-2 with national interest waiver to establish a consultancy serving the pharmaceutical industry. The AAO affirmed dismissal because his business plan, though showing substantial merit, lacked sufficient evidence that the methodology had been adopted in industry or would significantly benefit the national economy.

International legal advisor in business consulting seeks EB-2 national interest waiver. Petitioner claimed endeavor had national importance through ecosystem strengthening and cross-border business benefits. AAO held first Dhanasar prong unmet: proposed endeavor lacks documented national importance; cited evidence addresses general field trends, not specific endeavor impact; insufficient proof of substantial economic benefits.

Regional logistics manager employed by yard management services provider sought national interest waiver. AAO affirmed denial, finding broad claims about strategic leadership and industry impact insufficient; specific endeavor showed no prospective national economic benefit or U.S. job creation.

Computer and information systems manager seeks EB-2 with NIW. Service center denied finding petitioner did not meet exceptional ability despite stating petitioner satisfied three required criteria. AAO found contradictory conclusions and remanded for proper adjudication with request for evidence, noting certification criterion requires clarification.

Business management professional self-petitioner seeks EB-1A extraordinary ability classification. Met three initial criteria but AAO found no sustained national or international acclaim, with internal awards only from 2007-2009, failing final merits determination.

Business consultant and executive self-petitioner claimed three EB-1A criteria. AAO dismissed motion to reopen because evidence was either available during original RFE or postdated the petition filing, violating the requirement to establish eligibility at time of petition.

Logistics manager seeking NIW for EB-2 classification to establish startup consulting and software company in Florida. AAO affirmed SCOPS denial, finding proposed endeavor lacked national importance because impacts remained localized to company clients without establishing broader industry implications or substantiated economic effects.

Industrial engineer proposing retail loss prevention and supply chain management business seeking EB-2 NIW. AAO withdrew SCOPS determination on substantial merit, accepting it. However, petitioner failed to demonstrate national importance; employment projections and revenue forecasts insufficient to establish significant employment or economic impact regionally or nationally beyond specific clients.

Sales division manager and technical advisor sought EB-2 classification with national interest waiver under Dhanasar framework. AAO issued notice of intent to dismiss and instructed response within thirty-three days. Petitioner failed to respond within required timeframe; appeal dismissed as abandoned.

A prospective management consultant seeks EB-2 national interest waiver to establish a small consultancy for businesses. The AAO affirmed denial because the proposed venture, though economically sound locally, lacks national importance; it does not demonstrate impact beyond the immediate community or region required for a waiver.

Logistics management consultant sought EB-2 exceptional ability and NIW. AAO affirmed that petitioner failed to satisfy required exceptional ability criteria: academic record not related to field, insufficient salary evidence, only 8 years 8 months experience not 10 years required, and no professional license. Ineligible for underlying classification; NIW prongs not reached.

Entrepreneur and fitness trainer seeking EB-2 with national interest waiver to lead corporate wellness company optimizing employer fitness programs. AAO dismissed because proposed endeavor lacks national importance; business projections and HUBZone location do not demonstrate broader economic impact or field implications.

A management and financial analyst sought an EB-2 national interest waiver for a business venture. The AAO dismissed her second motion to reopen and reconsider because she submitted no new facts or evidence, and her contentions reasserted already-rejected arguments without establishing legal or policy error in prior decisions.

A logistics entrepreneur sought EB-2 NIW classification. The AAO found he qualified as advanced degree professional but lacked evidence that his proposed logistics consulting company would generate substantial economic effects reaching national importance. The AAO dismissed his appeal without addressing remaining Dhanasar prongs.

Business and marketing professional seeking NIW as EB-2. Motions submitted articles on small business economic importance and job-creation multipliers. AAO held first prong failed because industry importance differs from specific endeavor importance; claimed job creation projections lack foundation and do not reach substantial positive economic effects.

An entrepreneur and business consultant seeking EB-2 with NIW to establish a global business strategy and financial advisory firm claimed alignment with national priorities and job creation potential. The AAO found insufficient evidence that the endeavor would have broader implications or national importance beyond its clients.