Published AAO appeal decisions

Advanced degree professional seeking NIW for EB-2 classification to operate auto parts business. AAO affirmed denial because proposed endeavor of managing stores in Virginia and Tennessee lacked national importance; no evidence of substantial economic impact or job creation warranting labor certification waiver.

Bilingual content analyst with master's degree sought NIW for translation and linguistics services. AAO held petitioner failed to establish national importance of her proposed endeavor because she did not prove her work would impact the field or economy beyond her future employer or clients.

General and operations manager with advanced degree seeking NIW for EB-2 classification to establish e-commerce automotive business. Claimed substantial economic effects and entrepreneurial impact. AAO dismissed appeal, finding projected business outcomes do not demonstrate national importance required.

Entrepreneur sought NIW for EB-2 classification in business. AAO dismissed appeal because petitioner did not qualify for underlying EB-2 (lacked five years post-degree experience and did not meet three exceptional ability criteria) and proposed business endeavor lacked national importance beyond generating local employment and revenue.

A security services specialist sought EB-2 classification and a national interest waiver. The AAO dismissed the appeal because he failed to establish an advanced degree and his proposed security training firm lacked demonstrated national importance despite SBA HUBZone location.

Plant accountant sought EB-1A extraordinary ability classification in business. AAO found petitioner met only judging criterion but lacked sustained national or international acclaim required for extraordinary ability. Appeal dismissed; petitioner did not qualify for highly restrictive visa classification intended for individuals at top of field.

An operations specialist from Burkina Faso sought EB-2 advanced degree classification and NIW. AAO affirmed denial because petitioner did not establish equivalent U.S. baccalaureate degree or five years progressive post-baccalaureate experience; NIW criteria not reached.

Management consultant sought EB-2 exceptional ability or advanced degree classification with national interest waiver. AAO found petitioner categorically ineligible for EB-2 and failed first Dhanasar prong, as management consulting services to Florida businesses lacked demonstrated national importance or broader economic impact.

Chief executive officer seeking NIW for travel agency startup. Established EB-2 eligibility with advanced degree but failed to demonstrate national importance of proposed endeavor. AAO held specific business lacks broader field implications or substantial positive economic effects required.

Supply chain specialist and entrepreneur in event services sought NIW under EB-2 exceptional ability. AAO withdrew director's exceptional ability finding, finding petitioner failed evidentiary criteria. Ineligible for underlying EB-2 classification; NIW eligibility not reached.

Restaurant general manager with twenty-five years of experience sought EB-1A extraordinary ability classification. AAO dismissed appeal, finding petitioner failed to establish major award or meet three of ten regulatory criteria, particularly membership with demonstrated outstanding achievements, judging, and high salary comparable to field peers.

Human resources professional with foreign bachelor's degree equivalent sought NIW under EB-2. Petitioner failed advanced degree requirement and did not establish national importance of proposed endeavor. AAO dismissed appeal, finding professional shortage alone insufficient without demonstrating significant prospective national impact.

An entrepreneur in cargo logistics and transportation seeking EB-2 with NIW claimed work experience in law. The AAO affirmed denial because the claimed legal experience was unrelated to the proposed cargo logistics endeavor and did not establish post-baccalaureate experience in the specialty.

A consultant with advanced degree seeking EB-2 with NIW demonstrated EB-2 eligibility but failed NIW requirements. The AAO upheld dismissal: the consulting endeavor lacked national importance, and the petitioner's expertise, though qualified, did not exceed ordinary field level.

General and operations manager and entrepreneur sought EB-2 advanced degree with NIW for marketing services business in Florida. AAO affirmed denial, finding endeavor lacked national importance; job creation and revenue projections do not establish substantial positive economic effects for the nation.

Business consultant with advanced degree sought EB-2 NIW for managing consultancy. AAO affirmed denial, finding proposed endeavor lacked national importance under Dhanasar; petitioner materially altered claims after request for evidence and showed no field-wide impact.

Business administrator with advanced degree sought NIW. AAO held petitioner failed to identify specific proposed endeavor consistently, providing conflicting information on appeal. Cannot establish merit or national importance. Appeal dismissed.

An insurance sales manager sought NIW for EB-2 to operate an insurance consulting company. The AAO affirmed dismissal because the specific endeavor lacked national importance despite industry significance; projected employment and profits insufficient to demonstrate substantial economic effects at national level.

A general and operations manager self-petitioned for EB-2 exceptional ability classification with a national interest waiver. The appeal was dismissed because the evidence of ten years of full-time experience in that occupation did not match the claimed duties, and no other criteria beyond the academic record were met. The waiver analysis was reserved.

Lawyer seeks EB-2 NIW to create and operate consulting company focusing on Uzbekistan and Central Asia trade and investment. AAO held proposed endeavor has substantial merit but lacks national importance; recommendation letters contain vague assertions without specific evidence of U.S. economic impact or job creation.

Real estate developer sought NIW under EB-2. Petitioner claimed his development endeavor has national importance and substantial merit. AAO held the proposed endeavor lacks national importance because petitioner failed to demonstrate its projected employment or economic benefits distinguish it from ordinary industry work or have substantial prospective national impact.

A doctoral student in business research sought EB-2 NIW classification. The AAO found the proposed organizational behavior research endeavor had substantial merit and national importance, but the applicant lacked sufficient education, publication record, and demonstrated success to show he was well-positioned to advance it. Appeal dismissed.

Airport operations specialist sought EB-2 NIW classification. Service center found him ineligible for advanced degree category due to less than three years post-degree work experience. AAO upheld denial and held petitioner failed to meet exceptional ability criteria and Dhanasar's first prong, lacking sufficient evidence of expertise, employment history, and national importance of proposed endeavor.

A business administrator seeking EB-2 with NIW claimed national importance based on past professional achievements and a self-developed "Triad of Value" method. The AAO found the petitioner misunderstood Dhanasar: the first prong focuses on the proposed endeavor's prospective impact, not the petitioner's execution or prior success.

Security consultant and former Brazilian military police officer sought EB-2 exceptional ability classification with NIW. AAO found he failed to meet three evidentiary criteria: lacked proper professional license, salary not indicative of exceptional ability, and membership organization unsubstantiated. Dhanasar analysis not reached.