Published AAO appeal decisions

Entrepreneur sought NIW classification as individual of exceptional ability. AAO affirmed denial; petitioner met only one of six exceptional ability criteria, failing to satisfy initial evidentiary threshold. NIW analysis reserved as unnecessary.

Marketing manager seeking EB-2 NIW for startup marketing consultancy. AAO affirmed director's finding that endeavor lacked national importance; breadth of implications limited to petitioner's company and clients without broader regional or field-wide impact.

A business individual sought NIW for EB-2 exceptional ability classification. Petitioner claimed business endeavor would benefit the United States. The AAO dismissed based on derogatory evidence that an affiliated entity supplied spyware to hostile governments, and Entity List designation imposing export control constraints, undermining all three Dhanasar prongs.

Self-petitioner, organizational development specialist proposing supply chain management and logistics consulting, sought EB-2 with NIW. AAO affirmed denial on national importance; petitioner's experience and expert letter on occupation importance insufficient; specific business endeavor lacks broader implications.

A business professional in enterprise resource planning software sought EB-1A extraordinary ability classification. He claimed judging, original contributions, high salary, and commercial success criteria. The AAO found his mentoring did not constitute judging, his patented chatbot lacked field-wide significance compared to major competitors like Siri and Alexa, and he satisfied only one criterion, failing the threshold.

Marketing and communication vice president seeks NIW for EB-2. Claimed proposed endeavor promotes economic growth and onshoring in textile industry. AAO held the work lacks national importance; promoting existing technologies to current and prospective customers does not impact industry or field more broadly.

Logistician sought exceptional ability classification with national interest waiver. AAO affirmed denial because proposed endeavor lacked national importance under Dhanasar; role maintaining current employment and serving employer clients insufficient, lacking national or global implications or significant broader field impact.

HR and organizational development consultant sought NIW under EB-2 advanced degree. Director found EB-2 eligibility met. AAO agreed first prong requires specific endeavor's national importance, not field importance; petitioner's past achievements and SMB support do not establish proposed endeavor's broader implications for HR field.

A business and finance administrator sought EB-2 advanced degree classification with national interest waiver. The AAO dismissed the appeal, finding the petitioner's proposed endeavor lacked sufficient specificity and national importance; consulting services were too general to demonstrate broader field impact.

Business administrator sought NIW for EB-2 classification to establish management consulting and training company. Director found substantial merit but not national importance. AAO affirmed dismissal, finding petitioner failed to demonstrate her specific endeavor would produce substantial prospective impact or national importance despite overall field significance.

Logistics manager with claimed advanced degree seeks national interest waiver for own business in supply chain management. AAO dismissed because petitioner failed to establish underlying EB-2 classification and also did not demonstrate his proposed endeavor has national importance beyond his clients.

Linguist with advanced degree sought EB-2 with NIW for communications director role in trucking industry. Director found eligibility but denied NIW. AAO affirmed, finding petitioner failed first Dhanasar prong; proposed endeavor lacks specific national importance despite industry significance and late-added claims about owning company.

General manager and entrepreneur seeks exceptional ability EB-2 with NIW. AAO affirmed denial because petitioner satisfied only one of six exceptional ability criteria required. Without underlying EB-2 eligibility, NIW analysis was not reached.

Logistics coordinator with advanced degree sought NIW. AAO affirmed dismissal because the petitioner failed to demonstrate national importance of his specific proposed endeavor; his skills relate only to the second prong, and logistics work without identified regional focus lacks broader field impact.

Transportation chief executive seeks EB-2 NIW claiming exceptional ability and national interest. AAO held petitioner failed to establish exceptional ability degree of expertise significantly above ordinary; meeting three criteria insufficient without demonstrating final merits; national importance prong not analyzed due to threshold failure.

A human resources counselor sought NIW for EB-2 to start a consulting business. The AAO affirmed dismissal because the specific endeavor lacked national importance; praising petitioner's qualifications and field value does not establish the proposed business would impact the field or economy at national level.

Self-petitioner, general and operations manager, sought EB-2 advanced degree classification and national interest waiver. AAO found petitioner eligible for EB-2 but failed to demonstrate national importance of proposed managerial endeavor. Appeal dismissed.

Marketing manager in health consultancy field with advanced degree seeks EB-2 NIW for proposed work assisting U.S. companies with branding and management optimization. Director found substantial merit. AAO affirmed denial, holding proposed work lacks national importance because it does not impact field broadly or create substantial economic effects beyond individual client transactions.

Business administrator sought EB-2 with NIW for consulting company helping businesses avoid closure. AAO dismissed appeal, finding substantial merit but no national importance; petitioner failed to demonstrate impact beyond company clientele or substantial U.S. job creation.

A chief executive officer sought national interest waiver to open and franchise Japanese-Brazilian restaurants. AAO dismissed after finding petitioner failed to establish national importance of the specific endeavor. Evidence addressed restaurant industry generally but not how the particular business would broadly impact national economy or field.

Construction entrepreneur and manager sought NIW under EB-2 advanced degree or exceptional ability. Failed to meet three of six evidentiary criteria for exceptional ability; ineligible for underlying EB-2 classification; NIW eligibility not reached.

A marketing manager and entrepreneur sought EB-2 NIW to establish a digital marketing consulting agency in Florida. The AAO dismissed the appeal, finding the business had substantial merit but lacked national importance as required by the first Dhanasar prong; the endeavor would only benefit the petitioner's clients, not the broader field.

Business administrator sought EB-2 advanced degree professional classification with NIW. AAO dismissed appeal, affirming the Director's finding that the petitioner lacked five years of progressive post-baccalaureate experience. Articles of Incorporation and client letters failed to document specific duties performed or progressive experience. NIW analysis not reached.

Administrative services and facilities manager with bachelor's degree sought EB-2 advanced degree professional classification and NIW. AAO dismissed appeal, affirming director's finding that petitioner did not establish eligibility as advanced degree professional because she failed to demonstrate five years of related progressive experience.

Accountant and business operations specialist sought EB-2 with national interest waiver. AAO dismissed appeal because proposed endeavor lacked national importance under Dhanasar framework; petitioner failed to articulate specific endeavor, instead providing general assertions without addressing material changes.