Published AAO appeal decisions

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.

A consultant and business analyst, who first sought a national interest waiver, claimed three extraordinary ability criteria: membership, original contributions and leading role. The AAO dismissed the appeal because the membership claim rested on training certifications, not qualifying association membership, making three criteria impossible. It reserved the other two criteria.

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.

A human resources professional in Brazil sought EB-1A classification. She claimed five criteria: membership, judging, original contributions, leading role, and high salary. The AAO found only judging was met and dismissed the appeal, concluding she failed to satisfy the required three criteria and lacked sustained national or international acclaim.

Management analyst petitioner claimed five EB-1A criteria. AAO affirmed service center finding that none met: award too limited in scope, membership was mere registration, contributions not of major significance, roles only supportive not critical. Zero of three required criteria satisfied; appeal dismissed without final merits review.

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.

Industrial production manager sought NIW based on exceptional ability. In RFE response, petitioner changed proposed endeavor to operating a company providing wind farm maintenance services. AAO dismissed, finding material change impermissible and initial endeavor lacked national importance.

HR entrepreneur seeking EB-2 NIW for human resources consulting business. Claimed endeavor advances economy and SME sector through sustainable labor practices. AAO dismissed appeal, finding proposed business lacks national importance; benefits remain limited to direct clients without broader economic implications.

Business intelligence analyst seeking EB-2 with NIW claimed all three Dhanasar prongs. AAO affirmed underlying advanced degree eligibility but dismissed appeal, finding proposed business endeavor lacks national importance with no demonstrated prospective impact beyond clients.

A general and operations manager seeks NIW for EB-2 to establish a consulting business for organizational development and business optimization. AAO found substantial merit but no national importance; the generic business plans lacked specific, targeted impact beyond local customers in a large industry.

Trade marketing and ecommerce consultant with MBA sought EB-2 NIW. AAO affirmed dismissal, finding proposed endeavor lacks national importance under Dhanasar framework. Evidence of professional skills and industry reports insufficient; no demonstration of broader impact beyond petitioner's company or customers.

An administrative and human resources manager seeking EB-2 with NIW to establish a management consulting firm claimed substantial merit and national importance. The AAO found the endeavor lacked national importance, having only limited benefits to prospective clients and employees without broader economic implications.

Advanced degree professional seeks EB-2 classification with national interest waiver for business development endeavor. AAO dismissed appeal, finding proposed work extending to business associations lacks demonstrated national or global implications, does not directly employ workers, and fails to show significant positive economic effects indicative of national importance.

Sales representative for pharmaceuticals/hospital products with advanced degree sought EB-2 NIW to lead commercial endeavor in USA. AAO found proposed endeavor lacks national importance under Dhanasar despite general industry merit; no evidence of prospective impact or government interest.

A certified public accountant with ten years' experience seeks EB-2 with national interest waiver to operate a financial consulting firm in Texas. She claimed her endeavor has national importance but failed to demonstrate broader implications beyond her prospective clients and employees or substantial positive economic effects. The AAO dismissed the appeal.

Industrial engineering manager and entrepreneur seeking EB-2 with national interest waiver. Claimed proposed endeavor has substantial merit and national importance. AAO affirmed denial, finding endeavor lacks national importance because it does not extend beyond the applicant's company to impact the field broadly.

Lawyer in Brazil sought EB-2 NIW to establish a consulting firm for U.S. banks entering Brazilian market. AAO held the proposed endeavor lacks national importance; industry reports and business plans fail to demonstrate specific prospective impact beyond individual clients or broader field implications.