Published AAO appeal decisions

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.

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.

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.

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.

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.

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.

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.

A mechanical engineer and business manager sought NIW for a consulting company serving small and medium-sized enterprises in paper coil products. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance because impacts would not extend beyond individual client companies to benefit the field broadly.

An employer petitioned for an EB-2 national interest waiver for a financial manager proposing to establish an alcoholic beverage trade company with cultural activities. The AAO found the proposed endeavor had substantial merit but lacked national importance, as projected job creation and economic benefits were insufficient to demonstrate broader economic impact. Appeal dismissed.

General operations manager of cleaning and sanitizing products company claims NIW for business expansion and consulting services. AAO affirmed finding that endeavor lacks national importance; insufficient specificity on operations, staffing, and economic impact.

Professional in human resources consulting seeks NIW for EB-2 classification as advanced degree holder or exceptional ability. Claimed endeavor addresses workforce skills gap through training programs. AAO held endeavor lacks broader field impact and fails to demonstrate national importance required for NIW.

A professional intending to become CEO of her own company sought EB-2 classification with national interest waiver. The AAO dismissed the appeal, finding she did not meet the EB-2 advanced degree requirements and her business projections lacked evidence of economic significance at a national level needed for national importance.

Carpenter and business owner sought EB-2 exceptional ability classification with national interest waiver. Claimed six criteria for exceptional ability but satisfied only two: academic degree and employer letters. AAO affirmed denial, finding petitioner failed to meet minimum three criteria required for exceptional ability; therefore NIW analysis was not reached.

Entrepreneur seeking EB-2 NIW to establish New York risk management and internal audit consultancy. Claimed endeavor offers innovative approach and substantial economic effects. AAO dismissed appeal, holding that field importance does not equal endeavor national importance; specific business lacks broader implications for economy or industry.

An industrial engineer seeking EB-2 with NIW to create a quality control and project management consulting company claimed substantial merit and national importance. The AAO found his specific proposed endeavor, though potentially valuable to clients, lacked the scale and broader economic impact required for national importance.

Management analyst and entrepreneur in human resources sought EB-2 classification and NIW. AAO dismissed appeal, finding petitioner failed to meet underlying EB-2 requirements as advanced degree professional or individual of exceptional ability, meeting only one of six required criteria; NIW eligibility not reached.

General and operations manager in paint manufacturing seeks NIW based on proposed consulting and training business. AAO affirmed dismissal, finding proposed endeavor lacks national importance; no evidence of broader implications, significant employment potential, or substantial economic effects beyond individual clients.

Telecommunications entrepreneur with master's degree seeking EB-2 NIW for business providing rural connectivity and mobile network solutions. AAO dismissed appeal; petitioner failed to demonstrate national importance as proposed endeavor lacked evidence of extended field impact or improved methods over existing U.S. practices.