Published AAO appeal decisions

Change management specialist in human resources seeking EB-2 with NIW to establish consultancy serving small and medium businesses on diversity and inclusion. Demonstrated strong professional record. AAO affirmed denial: lone consultancy business lacks national importance; individual accomplishments relate to personal qualifications, not endeavor impact required by Dhanasar.

A general manager and entrepreneur sought EB-2 exceptional ability classification with a national interest waiver. The Director found she did not establish exceptional ability eligibility. The petitioner did not contest this determination on appeal and did not address the waiver framework, so the appeal was dismissed based on waived underlying eligibility issues.

Human resources specialist seeking EB-2 NIW classification claimed exceptional ability and national interest waiver. AAO found petitioner met only two of six exceptional ability criteria: insufficient full-time experience documentation as HR specialist and inadequate evidence of achievement. Because three criteria are required, NIW Dhanasar framework analysis not reached.

Operational risk manager and consultant seeking NIW for EB-2 advanced degree classification. Claimed national importance through preventing financial losses and white-collar crime prevention. AAO held proposed endeavor lacks national importance or broader implications beyond client work; insufficient evidence of field-wide impact.

A business manager seeking EB-2 NIW classification proposed a startup consulting company planning to employ thirty workers at modest wages. The AAO dismissed the appeal, finding the local startup lacked national importance or global implications within any field despite prior work achievements.

Supply chain manager sought EB-2 with NIW. AAO dismissed appeal, finding petitioner lacks advanced degree and failed to show national importance of proposed endeavor in cell tower maintenance industry, focusing on field importance rather than specific endeavor impact.

A business operations specialist sought NIW EB-2 classification proposing a revenue management consulting company for tourism sector small businesses. The AAO found the endeavor has substantial merit but not national importance; statistics about industry size do not establish broader field impact.

Tour guide and entrepreneur sought NIW under EB-2 for tourism business venture in Arizona. Petitioner claimed job creation and economic benefits would demonstrate national importance. AAO held the specific endeavor lacks national importance; general industry growth statistics insufficient; petitioner not well positioned as entrepreneur; balancing prong not reached.

A career development mentor and training consultant in beauty services sought EB-2 national interest waiver. The AAO dismissed because her consulting company for beauty salons lacked national importance: it would not impact the industry broadly, and projections of modest revenue and two employees did not establish substantial economic effects nationally.

A business manager seeking EB-2 exceptional ability classification and NIW claimed three exceptional ability criteria but established only two. The AAO dismissed the appeal, finding the petitioner failed to meet the minimum three-criterion threshold for exceptional ability and therefore reserved the Dhanasar analysis.

A logistician seeking EB-2 NIW classification claimed a transportation services startup would improve supply chain operations and create jobs. The AAO dismissed the appeal, finding the specific endeavor lacked national importance despite the importance of the supply chain industry; unspecified economic benefits and job creation insufficient.

Individual of exceptional ability sought NIW for construction and remodeling business. AAO dismissed, finding applicant's focus on education and experience was irrelevant to national importance; proposed endeavor showed only local/regional benefits without demonstrating broader implications required by Dhanasar.

Self-petitioner customer service provider and manager seeking NIW as EB-2. Claimed unique background and field importance establish national significance. AAO held the occupation's importance is immaterial; the specific endeavor lacks documentation of prospective impact beyond immediate employer or industry-wide influence.

Administrator and financial analyst with diploma from Brazil sought NIW for EB-2 as individual of exceptional ability. Failed to meet three exceptional ability criteria due to missing translations and insufficient evidence. AAO dismissed because petitioner did not establish substantial merit of proposed endeavor under Dhanasar framework.

Human resources specialist seeking NIW as EB-2 exceptional ability applicant. Failed to establish underlying EB-2 eligibility under regulatory criteria. AAO dismissed without reaching Dhanasar prongs, finding ineligibility for EB-2 classification dispositive of NIW request.

An applicant in exceptional ability sought EB-2 and NIW. The Director found three criteria met, but the AAO withdrew one finding on academic credentials, reducing the count to two. The appeal was dismissed for failing to meet the three-criterion threshold; Dhanasar analysis was reserved.

An operations manager with foreign bachelor's degree sought EB-2 national interest waiver. The AAO dismissed because she lacked required advanced degree and her proposed endeavor—improving financial practices at one employer—lacked national importance absent evidence of broader industry or economic impact.

A sales professional proposed a consulting and cable/pipeline installation project management company. The AAO dismissed, finding no clearly defined specific endeavor and insufficient evidence that sales work would extend beyond individual employers to impact the economy at national importance level.

Entrepreneur/investor sought EB-2 NIW classification as individual of exceptional ability. AAO affirmed that letters of recommendation from former clients and bank do not constitute peer recognition satisfying regulatory criterion. Petitioner failed to meet at least three required criteria. Appeal dismissed.

A supply chain specialist sought national interest waiver for a proposed independent venture. The AAO dismissed, finding the endeavor lacks national importance because it would benefit only her clientele without extending to broader regional or national economic effects, despite her qualifications.

Advanced degree professional seeking NIW for EB-2 classification to operate auto parts business. AAO affirmed denial because proposed endeavor of managing stores in Virginia and Tennessee lacked national importance; no evidence of substantial economic impact or job creation warranting labor certification waiver.

Bilingual content analyst with master's degree sought NIW for translation and linguistics services. AAO held petitioner failed to establish national importance of her proposed endeavor because she did not prove her work would impact the field or economy beyond her future employer or clients.

General and operations manager with advanced degree seeking NIW for EB-2 classification to establish e-commerce automotive business. Claimed substantial economic effects and entrepreneurial impact. AAO dismissed appeal, finding projected business outcomes do not demonstrate national importance required.

Entrepreneur sought NIW for EB-2 classification in business. AAO dismissed appeal because petitioner did not qualify for underlying EB-2 (lacked five years post-degree experience and did not meet three exceptional ability criteria) and proposed business endeavor lacked national importance beyond generating local employment and revenue.

A security services specialist sought EB-2 classification and a national interest waiver. The AAO dismissed the appeal because he failed to establish an advanced degree and his proposed security training firm lacked demonstrated national importance despite SBA HUBZone location.