Published AAO appeal decisions

SAP planning specialist employed by biopharmaceutical manufacturer claimed four additional criteria beyond two initially found met. AAO rejected awards, membership, and high salary findings; rejected final merits step finding insufficient sustained acclaim or position at top of field.

A company seeking to employ a chief executive officer for product distribution filed for national interest waiver. The AAO remanded the petition because the Director's decision did not adequately address the three-prong Dhanasar framework and failed to properly establish the petitioner's basic EB-2 qualification with an equivalent bachelor's degree.

A supply chain manager sought NIW for EB-2 classification. The AAO held the proposed endeavor lacks national importance: assertions about Brazilian market trade and general supply chain management benefits do not demonstrate impact beyond the employer, and vague speculation about innovations without evidence of broader adoption or comparable responsibility elsewhere is insufficient.

Marketing manager with advanced degree sought NIW for EB-2. Petitioner proposed providing marketing and business development services for Brazil-U.S. market connections. AAO found proposed endeavor lacked national importance and specific prospective impact, and declined to address remaining Dhanasar prongs.

A security advisor seeks NIW for EB-2 claiming a security management and counterterrorism role of national importance. The AAO dismissed the appeal, finding the petitioner did not sufficiently demonstrate that the specific proposed endeavor has national importance beyond general field significance; evidence of prospective impact was insufficient.

An employer petitioned for O-1A classification for a chief executive officer in culinary development. AAO affirmed revocation of initial approval, finding beneficiary failed to meet extraordinary ability criteria. Award lacked documentation of national or international recognition; business contributions did not demonstrate major significance.

Business consultant with 25 years experience in Brazilian market entry seeks NIW for consultancy services to North American firms. AAO dismissed appeal, finding endeavor has substantial merit but lacks national importance; proposed work impacts individual clients only, not the field broadly.

CEO and fire protection company owner seeks NIW as EB-2 advanced degree professional. Claimed substantial merit and national importance of fire protection business operations. AAO affirmed Director's finding of substantial merit but denied national importance; work does not demonstrate significant impact on industry broadly or substantial economic benefits to region or nation.

CEO of retail services company sought EB-1A classification. Claimed awards, membership, and leading role criteria. AAO affirmed director finding of only one criterion met. Record lacks evidence of national or international acclaim or place among top echelon of field required.

Architectural project manager seeking national interest waiver. Director found substantial merit but denied on national importance grounds. AAO affirmed; petitioner failed to demonstrate proposed work would extend beyond employer and clients or offer innovations advancing the architectural or engineering fields.

Global supply chain director seeks NIW to work with small U.S. companies serving the aerospace sector. Petitioner claimed proposed endeavor has national importance. AAO affirmed denial, finding the specific endeavor lacks national importance; economic benefits limited to particular employers or clients without broader field implications.