Published AAO appeal decisions

A business administrator proposes starting a consultancy company to help Latino-owned small businesses with financial consolidation and compliance. The AAO found no evidence the proposed endeavor would achieve substantial positive economic effects or significant employment potential at national or regional level.

AI Strategist Leader proposed integrating AI into business strategies to boost efficiency and innovation. AAO found proposed endeavor has substantial merit but lacks national importance because it lacks documented broader implications for industry or employment impact beyond general reliance on AI field importance.

Enterprise architect self-petitioner claimed eight criteria; SCOPS found four met. AAO confirmed three met criteria but held totality of evidence insufficient to show sustained national or international acclaim or membership among small percentage at field top.

A leadership and organization development specialist sought EB-1A classification. SCOPS denied based on field determination, not evidentiary criteria analysis. The AAO remanded, finding the occupation falls within business and requiring proper evaluation of seven claimed criteria under the correct regulatory framework.

Information technology manager from Argentina sought EB-1A extraordinary ability classification. Claimed three additional criteria beyond two previously found by SCOPS. AAO found petitioner did not meet at least three of ten criteria: withdrew judging criterion based on lack of actual participation evidence in conference archives, rejected original contributions criterion for lack of meaningful field impact, and found no basis for other claims. Appeal dismissed.

An automotive service technician sought NIW for an exceptional ability business endeavor. The AAO dismissed the appeal, finding the proposed automotive repair venture lacked national importance despite its focus on important industry challenges; benefits were too localized to the petitioner's company.

Restaurant company seeking to employ beneficiary to lead expansion across United States. Claimed expansion creates thousands of jobs in economically distressed areas and promotes cultural exchange. AAO held specific endeavor lacks national importance; job projections unsubstantiated; 19 jobs per location insufficient; market demand unproven.

A business executive planning a digital data analysis services company sought EB-1A extraordinary ability classification. The AAO found the applicant failed to establish three of ten initial criteria. Membership claims lacked evidence that the associations required outstanding achievements judged by recognized experts. The appeal was dismissed without reaching final merits.

CEO with advanced degree sought EB-2 national interest waiver for electronics export business. AAO dismissed motions to reopen and reconsider, finding petitioner failed to establish national importance of the proposed endeavor. Motion evidence showed decreased business income and insufficient economic impact.

A business executive in the pomegranate industry filed motions to reopen and reconsider an EB-1A extraordinary ability appeal. The AAO dismissed both motions, finding no new facts warranting reopening and no incorrect application of law or policy in the prior dismissal.

Entrepreneur seeks NIW for EB-2 classification to operate business consulting and professional development company. AAO dismissed appeal, finding proposed endeavor lacks national importance despite alignment with federal programs; focus on specific undertaking rather than general business importance is determinative.

A vaccine industry executive with law and business degrees sought EB-1A extraordinary ability classification. The AAO sustained the appeal, finding he met three criteria: leading critical role, high salary, and original contributions, and demonstrating sustained international acclaim placing him among the very top in his field.

An executive for a news organization in China petitioned for EB-1A extraordinary ability classification. She claimed four criteria: published material, judging, scholarly articles, and leading roles. The AAO found three criteria met but determined the totality of evidence failed the final merits test for sustained acclaim at the very top of the field, dismissing the appeal.

An EV industry consultant sought an EB-2 national interest waiver to improve production and efficiency in the electric vehicle sector. The AAO affirmed denial because the proposed endeavor, while addressing national concerns, lacked demonstrated national importance and broader field implications beyond specific client work.

HR specialist with advanced degree seeking NIW for startup providing tech-enabled HR services to small businesses. AAO dismissed appeal, finding endeavor has substantial merit but lacks demonstrated national importance; projections of indirect job creation insufficient without specifics on location or type.

Business researcher proposed financial-marketing integration model for small business performance, then materially expanded endeavor during RFE response to include professorship, additional research areas, and advisory work. AAO dismissed appeal: petitioner substantially altered claims after SCOPS identified deficiency, making foundational endeavor undefined and preventing proper Dhanasar framework application.

Business systems analyst claimed eight criteria for EB-1A extraordinary ability. AAO found she met at least three criteria at step one but lacked sustained national or international acclaim and recognition of extraordinary ability at the merits stage, dismissing the appeal.

A lawyer and entrepreneur sought EB-2 national interest waiver to operate a legal and financial services firm. The AAO found the proposed endeavor lacked national importance despite claims of job creation and serving national clientele. The decision focused on the specific business impact rather than industry importance, dismissing the appeal.

Humanitarian nonprofit petitions for HR manager beneficiary for EB-2 with NIW. Beneficiary holds advanced degree and employer established EB-2 eligibility. AAO dismissed, finding proposed endeavor lacked sufficient national importance to satisfy first Dhanasar prong.

Business operations specialist sought EB-2 NIW classification. Service center denied underlying EB-2 qualification and NIW eligibility. AAO dismissed appeal, focusing on first Dhanasar prong: proposed endeavor lacks national importance because it shows no significant potential to employ U.S. workers, no substantial positive economic effects, and anticipated financial loss.

A business development manager seeks EB-1A visa. Appeal dismissed because AAO withdrew service center's findings on three of four criteria met, leaving only one satisfied criterion. Evidence lacks documentation of national or international acclaim or top-tier standing in field.

Business analyst and trade consultant seeks EB-2 classification with national interest waiver for data analytics platform targeting maritime security and trade transparency. AAO affirmed that proposed endeavor lacks national importance and petitioner is not well positioned to advance it; insufficient evidence of economic or security impact.

A strategic operations lead with advanced degree claimed six criteria for EB-1A extraordinary ability. Employer-sponsored petition. USCIS found three criteria met, but AAO affirmed denial on final merits, finding insufficient evidence of sustained acclaim and top-tier status despite met threshold criteria.

A CEO self-petitioned for EB-1A. Met three criteria including awards, articles, and leadership role. AAO dismissed because final merits analysis showed insufficient sustained national or international acclaim for extraordinary ability despite meeting evidentiary threshold.