Published AAO appeal decisions

Pharmaceutical executive with 25 years experience sought EB-1A extraordinary ability classification. Petitioner met published material criterion but failed to establish at least three required criteria for extraordinary ability. AAO held insufficient evidence of national or international acclaim.

General and operations manager applied for NIW under EB-2 with advanced degree. Petitioner proposed consulting services for general operations management and entrepreneurship. AAO affirmed Director's finding that while work had substantial merit, it lacked national importance; no evidence showed broader field impact or substantial positive economic effects for U.S. economy.

Media production agency petitioned for O-1A classification for senior vice president of production finance. AAO dismissed motions, finding only one criterion met and insufficient documentation of membership in associations requiring outstanding achievements judged by recognized experts.

Bank manager seeking national interest waiver. Director found substantial merit but denied on national importance grounds. AAO affirmed and additionally withdrew director's second-prong finding due to petitioner's inconsistent evidence about the proposed endeavor.

A digital product and business manager in mobile communications claimed three criteria but could not substantiate high remuneration with proper comparative salary data for UK positions and long-term compensation. AAO dismissed, finding the incomplete survey data inadequate and declining to reach other claimed criteria or prospective benefit analysis.

A CEO of a cleaning service company sought EB-1A extraordinary ability classification. He failed to meet the required three initial evidentiary criteria; his entrepreneurship award was student-limited, and chamber membership lacked the outstanding achievement requirement, leaving him ineligible for final merits analysis.

Entrepreneur and venture capitalist in information and communications technology sought EB-2 NIW classification. Proposed to provide consulting and training services. AAO dismissed, finding proposed work lacks national importance under Dhanasar first prong; services too limited to company clientele without substantial economic benefit.

A marketing manager sought NIW under EB-2. The AAO dismissed the appeal, finding the petitioner failed the first prong of Dhanasar: the specific proposed endeavor lacked national importance. While marketing management is important generally, his particular services showed no demonstrated substantial economic impact or job creation potential.

Legal analyst sought EB-2 with national interest waiver. Director found advanced degree qualification and substantial merit but denied waiver, finding no national importance. AAO affirmed, holding specific endeavor lacks broader implications beyond immediate employer and clients.

Project manager sought EB-2 advanced degree and exceptional ability classification with national interest waiver. AAO dismissed appeal because petitioner failed to demonstrate advanced degree (insufficient post-baccalaureate experience) and did not meet three exceptional ability criteria, making NIW analysis moot.

Business operations specialist claimed extraordinary ability under EB-1A, meeting two of ten criteria initially: leading role and high salary. On appeal, claimed published material criterion but AAO found translations inaccurate and uncertified. AAO dismissed, finding insufficient evidence of acclaim or top-tier status despite meeting two criteria.

An admissions and marketing director sought a national interest waiver for EB-2 classification. The AAO found he met the advanced degree requirement but dismissed the appeal because his proposed work in higher education admissions lacked demonstrated national importance or substantial economic impact as required under Dhanasar's first prong.

Business development manager with advanced degree sought NIW for EB-2 proposing sales strategy development in cybersecurity and IT. AAO found substantial merit but dismissed because proposed work lacked broader implications for the industry or economy at level of national importance.

Self-petitioner chief executive proposing to operate a domestic animal services company. Claimed national interest waiver under Dhanasar framework. AAO dismissed appeal, finding the proposed endeavor lacks national importance; no evidence of prospective impact beyond the business itself or substantial economic effects for the nation.

An administrative and financial manager sought EB-2 NIW for managing Brazilian business operations. The AAO dismissed because the evidence failed to show national importance; the work lacked implications beyond the specific employer and clients, rising only to company-specific benefit rather than national impact.

Sales manager with advanced degree sought NIW under Dhanasar. AAO found proposed endeavor has substantial merit but lacks national importance, as sales management activities would not extend beyond employer or impact tourism industry broadly or generate substantial U.S. job creation.

Business analyst with oil, gas, and real estate industry experience seeks NIW. Petitioner claimed endeavor addresses worker shortage and enhances U.S. competitiveness. AAO dismissed appeal, finding no demonstrable national importance; economic benefits not connected to specific prospective impact beyond particular employers or clients.

Chief executive with Spanish education sought NIW for EB-2. AAO found foreign education credentials insufficiently documented for U.S. equivalency, failing to establish underlying EB-2 qualification. Additionally, proposed endeavor in IT consulting and business development lacked demonstrated national importance.

Marketing manager sought NIW based on EB-2 exceptional ability. AAO found she qualified for underlying EB-2 but dismissed NIW appeal because she materially changed her proposed endeavor from marketing management to business ownership and autism-related services, and failed to identify a specific, coherent endeavor with national importance.

A general manager with an advanced degree sought an EB-2 national interest waiver for a business consulting venture in mergers, acquisitions, and foreign direct investment. The AAO found the proposed endeavor lacked national importance despite stated job creation intentions, as evidence showed limited prospective impact beyond immediate clientele.

Marketing management specialist sought national interest waiver for EB-2 classification. Petitioner initially proposed marketing manager position but changed proposed endeavor to social media marketing company CEO in RFE response without explanation. Appeal dismissed because material changes to proposed endeavor prevented analysis of Dhanasar framework.

Marketing manager with advanced degree sought NIW waiver for EB-2 classification to operate marketing companies. AAO held proposed endeavor lacked national importance under Dhanasar first prong; petitioner's marketing services, though valuable to his clients, do not extend beyond his companies and clientele to impact field or economy nationally.

General and operations professional with advanced degree sought EB-2 national interest waiver. AAO dismissed appeal, holding proposed plant management and operations consulting work has substantial merit but lacks national importance; insufficient evidence of economic benefit beyond specific company and clients.

Petitioner sought EB-2 advanced degree or exceptional ability classification with national interest waiver. AAO found petitioner lacked required foreign equivalent of U.S. baccalaureate degree (combination of experience and coursework insufficient). Under exceptional ability, official academic record lacking. Threshold requirements unmet; waiver analysis not reached.

Business management consultant sought EB-2 advanced degree with NIW to operate consulting firm facilitating U.S.-Brazil business expansion. AAO dismissed appeal, finding petitioner failed first Dhanasar prong; proposed endeavor of four to eight direct employees lacks national importance and broader implications required for substantial positive economic effect.