Published AAO appeal decisions

Logistician proposing supply chain services business in New York seeks NIW. Claimed national importance through industry significance and employment growth projections. AAO dismissed, finding no showing that specific endeavor broadly influences field or generates substantial economic effects beyond direct clients and employees.

Operations manager at auto parts wholesaler seeking EB-2 NIW claimed her endeavor would impact field through international purchasing and job creation. The AAO dismissed, finding the endeavor lacked national importance; benefits were confined to her company and direct clients without broader field or substantial economic implications.

A paintless dent repair specialist seeking EB-2 classification and national interest waiver to work as a micro restoration specialist in automotive repair. The AAO dismissed the appeal, finding the proposed endeavor lacks national importance because it would not impact the PDR field broadly or demonstrate substantial economic effects beyond the petitioner's clients.

Business director sought EB-2 with national interest waiver for ventures in real estate, digital marketing, and healthcare. AAO dismissed because proposed endeavor lacked evidence of national importance. Although ventures might generate local economic growth and jobs, they did not demonstrate broader field implications or national-scale impact required by Dhanasar.

A supply chain and logistics operating manager sought a national interest waiver for a company supporting supply chain resilience. The AAO dismissed because the specific endeavor lacked national importance; while supply chain security is important, the petitioner did not show innovation or demonstrate that projected five to sixteen employees would create substantial economic effects.

Business development executive sought EB-1A extraordinary ability classification. Claimed four criteria; director found only judging satisfied. AAO affirmed that published book was not scholarly article, original contributions lacked major significance in field, and evidence did not demonstrate sustained national or international acclaim required for extraordinary ability.

A business manager proposed developing a company creating accessible kitchen supplies for people with disabilities. The AAO dismissed the appeal, agreeing that while the endeavor had substantial merit addressing societal needs, petitioner failed to demonstrate national importance, lacking evidence of impact beyond prospective clients or significant economic or employment effects.

Entrepreneur in business consulting sought EB-2 national interest waiver. The AAO found her advanced degree qualification met but dismissed the appeal, holding her proposed consulting endeavor for international trade and women entrepreneurship lacked sufficient national importance beyond direct client and employee benefits.

A sales operations manager entrepreneur seeking EB-2 exceptional ability and national interest waiver for sales consulting and course offerings. The AAO affirmed that the petitioner failed to meet at least three of six exceptional ability criteria, particularly lacking ten years full-time experience, demonstrating exceptional salary, and showing industry recognition.

Entrepreneur and business administrator seeking EB-2 exceptional ability with NIW failed to meet any of four exceptional ability criteria claimed. AAO held petitioner lacked sufficient corroborating evidence for experience, professional license, membership in professional associations, or industry recognition.

Business consultant sought EB-2 national interest waiver for implementing financial management model in United States. Petitioner claimed endeavor would transform small business success rates. AAO held record lacked documentation of prospective impact beyond clients; insufficient capital commitments and no evidence of substantial economic effects.

Sales operations manager seeking EB-2 NIW to work as CEO of consulting company. Claimed endeavor has national importance through business services and job creation. AAO held endeavor lacks national importance because it lacks specific prospective impact beyond small businesses and does not demonstrate substantial positive economic effects.

An operations manager and marketing developer for a pool construction business sought a national interest waiver after qualifying as an advanced degree professional. The AAO held that the proposed endeavor lacked national importance, since its impact stayed with the company and customers, and reserved the remaining prongs.

Lodging manager with foreign master's degree seeking NIW and EB-2 as advanced degree professional. AAO found lodging management positions do not require baccalaureate degree, disqualifying petitioner from EB-2. Additionally, petitioner impermissibly changed proposed endeavor from lodging work to hotel sustainability business mid-petition, violating requirement of consistent proposed endeavor.

Self-petitioner entrepreneur with over 20 years in business and finance seeking EB-2 NIW for consulting firm serving entrepreneurs and small firms in Latin American U.S. operations. AAO found no national importance; endeavor lacks prospective impact beyond target clientele and no substantial economic benefits demonstrated at regional or national level.

Executive manager in business seeks EB-2 NIW. Has advanced degree and substantial merit for proposed endeavor but failed to establish national importance of working as executive manager in finance sector. Decision focuses on specific endeavor impact, not industry importance.

Industrial production manager and entrepreneur seeks EB-2 NIW classification for lighting fixture business expansion. Petitioner met exceptional ability standard but failed to demonstrate national importance of proposed endeavor under Dhanasar framework. Decision emphasizes lack of broader industry impact or substantial economic effects commensurate with national interest.

A hospitality manager sought EB-2 classification as an exceptional ability individual, with a national interest waiver. The appeal was dismissed because, after withdrawing the service center's findings on salary, membership and recognition, fewer than three regulatory criteria were met. The waiver question was reserved and not decided.

Accounting specialist sought EB-2 with national interest waiver for a startup accounting services company. Advanced degree qualification was not disputed. AAO held the proposed endeavor lacked national importance because routine accounting services would benefit only generalized clients without broader economic impact.

Pomegranate industry business executive sought EB-1A extraordinary ability. AAO held petitioner failed to meet three of ten initial criteria; television appearances lacked sufficient documentation; evidence did not establish sustained national or international acclaim required for classification.

An entrepreneur with foreign business degree sought EB-2 NIW to open a supermarket in Florida. The AAO dismissed because opening a supermarket lacks national importance despite job creation and revenue projections; lacks broader implications for the food distribution field.

Business professional seeking NIW based on work as business development director in Florida. Petitioner claimed national importance of endeavor through articles and experience. AAO held proposed endeavor lacks national importance; evidence addresses petitioner's skills, not specific endeavor's field-wide impact or economic benefits.

A business professional sought EB-2 classification with national interest waiver for a business plan emphasizing employment creation and economic growth in a depressed area. The AAO dismissed the appeal, finding substantial merit but rejecting national importance; the endeavor's benefits were regional, not national, and did not address the field broadly.

A business administrator seeks EB-2 national interest waiver. The AAO dismissed the appeal, finding the petitioner failed to establish national importance of the proposed endeavor under Dhanasar's first prong. General statements about business field importance and prospective economic benefits do not demonstrate the specific endeavor has substantial positive national impact.

A human resources professional and entrepreneur sought national interest waiver for EB-2. AAO dismissed, finding her proposed HR consulting endeavor, while benefiting her clients, lacks national importance and substantial positive economic effects at regional or national level.