Published AAO appeal decisions

A swimming pool company executive with a master's degree in linguistic sciences sought EB-2 NIW classification. The petitioner's proposed endeavor was operating a swimming pool company. The AAO affirmed that work benefiting a single employer and its clients lacks national importance without demonstrating broader field implications or substantial economic effects.

A general and operations manager sought EB-1A extraordinary ability classification. SCOPS required evidence of intent to continue work in the field and national benefit; the petitioner did not respond to these concerns on appeal. The AAO dismissed based on waiver of the two dispositive statutory requirements.

Human resources management consultant proposed consulting business targeting oil and gas sector. Petitioner established substantial merit but failed to demonstrate national importance; evidence emphasized industry importance rather than specific impact of proposed endeavor beyond unidentified clients.

Construction manager and entrepreneur sought EB-2 NIW classification. AAO affirmed denial, finding petitioner did not establish exceptional ability or meet sufficient evidentiary criteria. National interest waiver issue not addressed because petitioner ineligible for underlying classification.

A social and community service manager and entrepreneur sought EB-2 NIW classification. The AAO dismissed the appeal, finding the petitioner failed to establish that her proposed endeavor had national importance under Dhanasar's first prong, focusing on broader prospective impact rather than industry or profession importance.

Contact center entrepreneur seeks NIW to operate call center service provider. AAO dismissed appeal, finding petitioner did not establish national importance of proposed endeavor. While services may benefit government clients, they lack innovation or evidence of broader industry impact or economic significance beyond company and direct clients.

A sales specialist and trainer claiming extraordinary ability under EB-1A sought to satisfy four criteria: published material, original contributions, leading role, and high salary. The AAO affirmed dismissal, finding published material and original contributions unsubstantiated and insufficient to meet the three-criterion minimum.

Logistics management consultant seeking EB-2 NIW for supply chain and trade consulting work. AAO dismissed appeal; petitioner failed to demonstrate national importance despite claims about supply chain resilience and Brazil trade relations, as projections showed only 15 employees versus industry baseline of 13.3 million.

A chief executive officer selling Italian furniture sought EB-1A extraordinary ability classification. The AAO held the petitioner failed to establish three required criteria: published material lacked proper documentation, judging of manufacturers was not in an allied field, original business contributions lacked demonstrated major significance, and scholarly articles were not authored by petitioner.

An employer petitioned for an EB-2 national interest waiver for a strategic project manager. The AAO found the petitioner was not qualified as an advanced degree professional due to insufficient undergraduate credentials, and the proposed endeavor lacked demonstrated national importance beyond the specific business and its clients. Appeal dismissed.

Business management and marketing specialist with master's degree in MBA sought EB-2 NIW for substance abuse prevention consulting company. SCOPS approved advanced degree qualification. AAO found services did not extend beyond individual clients to impact field broadly, lacked innovation, and insufficient job creation or economic benefit.

Advanced degree professional seeks NIW for business endeavor supporting small and medium-sized enterprises. Claimed alignment with U.S. government initiatives and economic benefits would establish national importance. AAO found vague assertions without specific details or probative evidence of broader industry impact; merely working in important field insufficient without demonstrating specific endeavor's national importance.

Information technology project manager claimed extraordinary ability in business. AAO affirmed denial because petitioner failed to meet three of ten criteria and showed no major award; lacks sustained acclaim or recognition consistent with top of field.

A corporate attorney with thirty years of business law experience in U.S.-France trade sought EB-1A classification. The AAO remanded because the Service Center Director failed to fully analyze claimed evidentiary criteria and incorrectly rejected post-filing evidence, depriving the petitioner of complete consideration.

Entrepreneur and financial expert sought EB-2 NIW for business valuation and marketing venture. AAO held proposed endeavor, though addressing retirement and economic growth, lacks national importance; unsupported assertions and lack of specific prospective impact failed Dhanasar prong one.

Health and safety specialist sought EB-2 exceptional ability and NIW based on proposed safety app development. Service Center found exceptional ability met three criteria but no degree of expertise significantly above field. AAO held proposed endeavor lacks national importance: app benefits only petitioner's employer and clients, not broader industry or public; field importance does not equal endeavor importance.

A general and operations manager sought EB-1A extraordinary ability classification, claiming six criteria. The AAO found he satisfied only the leading or critical role criterion but failed awards, membership, judging, and high salary criteria. The decision dismissed the appeal, finding no sustained national or international acclaim or top-tier field status.

Business consultant proposed consulting company with focus on sustainable practices and support for minority-owned businesses. Petitioner failed to demonstrate national importance despite alignment with government priorities; services appeared limited to individual businesses without evidence of broader field-wide impact.

Project management specialist claimed three extraordinary ability criteria. Denied awards criterion lacking evidence of national or international recognition. Did not reach remaining claimed criteria because petitioner cannot numerically satisfy three-criterion threshold. Appeal dismissed.

Sales manager with advanced degree sought EB-2 NIW. AAO held the proposed endeavor lacks national importance despite substantial merit; petitioner failed to demonstrate prospective national impact or substantial economic effects beyond local operations, failing Dhanasar prong one and thus the waiver.

Sales and marketing specialist from Kuwait/Jordan seeking EB-1A extraordinary ability. Petitioner claimed six criteria including awards, published material, and original contributions. AAO found only leading critical role met. Serious credibility issues and lack of corroboration for claims prevented satisfaction of three required criteria.

A general and operations manager claimed EB-1A classification in business based on seven criteria. The AAO found the petitioner abandoned all arguments on appeal by failing to address the director's concerns, concluded no criterion was met, and dismissed the appeal for lack of extraordinary ability.

A business manager seeking EB-2 with national interest waiver for her financial management company failed to show national importance. Despite claims about financial literacy programs and addressing economic challenges, she presented no evidence of broader field impact or unique innovation commensurate with national importance.

An event planner and manager seeks a national interest waiver to establish an event management company in Florida. The AAO dismissed the appeal because the petitioner failed to demonstrate the proposed endeavor has national importance, lacking specific evidence of substantial economic effects, job creation at regional or national scale, or broader field impact.

Pharmacy business owner sought EB-2 NIW classification with advanced degree. Petitioner claimed endeavor in economically depressed area would create jobs and benefit U.S. economy. AAO held proposed endeavor lacks national importance because specific store locations unestablished, impact limited to immediate company and clients, and generalized industry information does not demonstrate broader implications.