Published AAO appeal decisions

A marketing entrepreneur self-petitioner claimed advanced degree and five years post-baccalaureate work experience for EB-2 classification and NIW. AAO held she failed to meet advanced degree requirement due to unclear Brazilian credentials and insufficient qualifying work experience, making NIW analysis unnecessary.

A project manager seeking NIW claimed exceptional ability through at least three regulatory criteria including recognition for achievements. AAO found the petitioner met only two criteria; recommendation letters praising his skills and projects did not demonstrate industry recognition or significant contributions to the field, failing the recognition criterion. Appeal dismissed without reaching Dhanasar analysis.

Entrepreneur in beauty industry sought EB-2 exceptional ability classification with national interest waiver. AAO found petitioner failed to establish exceptional ability criteria. Because underlying EB-2 classification not met, NIW eligibility not analyzed.

Business manager and tourism enthusiast sought EB-2 with national interest waiver. AAO dismissed appeal because petitioner failed to establish eligibility for underlying EB-2 classification; only two years management experience documented versus five years required, and occupation qualification as profession not established.

An entrepreneur in freight packing and logistics sought EB-2 NIW classification. She claimed four exceptional ability criteria but the AAO found she did not meet even one: her degree was unrelated to her field, and she had only seven years of experience instead of the required ten. Without exceptional ability qualification, NIW eligibility was not reached.

An entrepreneur and general business manager sought a national interest waiver with EB-2 exceptional ability classification. The AAO agreed with the Director that the membership and recognition evidence fell short, so three exceptional ability criteria were not satisfied. It reserved the Dhanasar analysis and dismissed the appeal.

An entrepreneur with advanced degree sought NIW to lead financial consulting and loan services business. The AAO dismissed the appeal, finding the proposed endeavor lacks national importance despite general importance of entrepreneurs, and petitioner not well positioned to advance it.

An entrepreneur in business coaching sought EB-2 NIW classification. She had an advanced degree and registered business status but provided limited evidence of past business success, a viable business model, or customer interest in her proposed online training courses. The AAO affirmed that she failed the second prong, finding her not well-positioned to advance her endeavor.

Entrepreneur seeking EB-2 classification with national interest waiver for spa services business. Claimed business would address industry shortage and create jobs. AAO dismissed appeal, finding petitioner failed to establish national importance of specific proposed endeavor, lacking evidence of broader industry implications or substantial economic effects required under Dhanasar first prong.

Business administrator self-petitioner with advanced degree and qualifying experience seeking national interest waiver. The AAO agreed the petitioner met underlying EB-2 requirements but dismissed the appeal, finding the proposed business training and consulting work lacked sufficient national importance beyond individual trainees.

Human resources specialist sought EB-2 advanced degree classification and national interest waiver to offer consulting services to small and medium companies. AAO held she qualified for EB-2 but failed to establish national importance; endeavor's benefits would not sufficiently extend beyond her clients to achieve broader implications commensurate with national importance.

Interpreter and translator sought EB-2 classification and national interest waiver to establish interpreting and translation company serving hospitals, clinics, insurance brokers, and schools. AAO held proposed endeavor lacked national importance; benefits would not extend beyond prospective clientele to impact field or economy more broadly.

A lawyer and entrepreneur sought EB-2 NIW to establish an LLC providing international business consulting and training between Brazil and the U.S. The AAO dismissed because the proposed endeavor lacked national importance: projected employment was modest, regional location and tax contributions insufficient, and training would not extend beyond individual participants to impact the field broadly.

Trucking industry manager with advanced degree proposed consulting and training company for trucking businesses. AAO dismissed appeal finding proposed endeavor lacks national importance despite industry's economic significance; services remain limited to individual clients without broader sectoral impact.

Business coach seeking NIW to operate coaching company in Florida. Claimed endeavor supports business development. AAO held petitioner failed to establish national importance; endeavor lacked specificity, documentation of existence uncertain, and no evidence demonstrated significant prospective impact.

Franchise business manager sought NIW for consulting company helping franchises scale. AAO dismissed appeal, finding proposed endeavor lacked national importance. Projected employment of four to thirty-one workers and profits of approximately five hundred sixty-two thousand dollars were insufficient relative to industry scale.

A chief financial and robotic process automation officer seeks EB-2 NIW. The AAO found the proposed endeavor has substantial merit but lacks national importance, as it would affect only the petitioner's direct employer and hotel-resort clients without broader industry impact or demonstrated economic ripple effects. Appeal dismissed.

Self-petitioner protective security provider sought EB-1A extraordinary ability classification. AAO held he met only one criterion (high salary) but needed three; remaining claimed criteria failed. Record lacked evidence of sustained national or international acclaim.

Industrial and organizational psychologist with U.S. master's degree seeks NIW for EB-2. Claimed her work reducing corporate burnout and improving employee engagement has national importance. AAO held the specific endeavor lacks national importance because it would not extend beyond individual companies to impact the field broadly.

CEO seeks EB-2 NIW for stationery, visual communication, and digital printing company. Petitioner claimed exceptional ability and national interest waiver. AAO dismissed because the proposed endeavor lacked national importance; working in an important industry and general business optimization arguments were insufficient without specific evidence of U.S. economic impact.

An engineer and management consultant sought EB-2 classification with national interest waiver for a consulting business. The AAO found the petitioner qualified as advanced degree professional but held the proposed endeavor lacked national importance due to modest job creation and revenue, thus dismissing the NIW appeal.

A human resources and marketing communications specialist self-petitioner qualified as advanced degree professional but failed NIW. AAO held proposed endeavor lacked national importance under Dhanasar because it showed no broader implications beyond her company and employees to impact the field or economy.

Self-petitioner entrepreneurial financial manager seeks national interest waiver for proposed business providing financial guidance to small business owners in SBA-designated HUBZone. AAO held proposed endeavor lacked national importance under Dhanasar first prong because benefits did not extend beyond direct clientele and applicant ineligible for HUBZone program.

Advanced degree holder in transportation field self-petitioner seeks NIW for company providing truck driver services in Florida. Director found endeavor had substantial merit but lacked national importance and broader implications beyond customers and employees. Petitioner on appeal argued against numerical thresholds for economic impact but provided no evidence of regional or national economic significance. AAO affirmed dismissal.

Facilities manager seeking NIW for EB-2 claimed his software application for property management has national importance. AAO held he failed to establish EB-2 qualification and that the specific endeavor lacks sufficient prospective impact to constitute national importance.