Published AAO appeal decisions

Business analyst with advanced degree sought national interest waiver for EB-2 to start financial consulting startup. AAO found proposed endeavor lacks national importance due to inconsistent business descriptions, unresolved evidentiary gaps, and lack of industry documentation. Appeal dismissed.

Hotel and tourism industry manager sought EB-2 with national interest waiver. AAO affirmed denial, finding petitioner failed to establish EB-2 eligibility as advanced degree professional or individual of exceptional ability. NIW analysis not reached due to lack of underlying qualification.

A general operations manager in transportation and logistics seeks NIW for EB-2 exceptional ability. He claimed all six evidentiary criteria but the AAO found he failed to meet the minimum three criteria requirement, lacking eligibility for the underlying EB-2 classification and thus ineligible for NIW consideration.

A logistics analyst sought EB-2 exceptional ability classification and national interest waiver to establish a logistics company. The AAO found he met three evidentiary criteria but lacked the degree of expertise significantly above ordinary in business. The appeal was dismissed without reaching waiver analysis.

Marketing manager with 15 years experience in Brazil sought NIW for self-owned marketing business. Petitioner claimed national importance based on job creation and economic impact. AAO affirmed denial because proposed endeavor lacked sufficient evidence of national importance or broader industry impact beyond serving clients.

Business administrator sought NIW under EB-2. Petitioner qualified as advanced degree professional but failed national importance prong. AAO dismissed, finding individual business consulting lacks substantial prospective economic effects or broader field impact required by Dhanasar.

Construction entrepreneur sought EB-2 exceptional ability with NIW. Claimed five criteria; Director found only membership met, requiring three minimum. AAO affirmed membership finding but agreed other four criteria unmet. Since petitioner failed underlying EB-2 eligibility, NIW analysis reserved as moot.

A private security specialist sought EB-2 exceptional ability and NIW. The AAO found the petitioner met only one of six exceptional ability criteria, failing the threshold. Although analyzing Dhanasar as alternative, the AAO concluded the specific proposed endeavor in school emergency preparedness lacked national importance.

Risk management advisor in occupational health and safety sought EB-2 NIW. Service center found advanced degree qualification but denied waiver. AAO affirmed: proposed endeavor of providing consulting services lacked national importance under Dhanasar's first prong because benefits would not extend beyond her employer and clientele to impact the field broadly.

Marketing manager sought EB-2 classification with national interest waiver. AAO dismissed appeal because petitioner's inconsistent statements about the proposed endeavor prevented evaluation of its substantial merit or national importance under Dhanasar framework.

Senior project manager in business management claimed extraordinary ability under EB-1A. Petitioner met judging and high salary criteria but failed awards, membership, and original contributions criteria. AAO dismissed appeal because petitioner satisfied only two of the required three alternate criteria and lacked sustained national or international acclaim.

An entrepreneur without demonstrated advanced degree equivalent sought EB-2 classification as general operations manager for soccer club or events business. AAO dismissed appeal, finding petitioner failed to establish EB-2 eligibility and therefore could not qualify for NIW, without reaching Dhanasar prongs.

Sales representative with advanced degree seeks NIW. Petitioner resubmitted RFE response without addressing Director's grounds for denial. Appeal summarily dismissed under procedural rule because petitioner failed to identify specific erroneous conclusions of law or fact.

Human resources specialist sought NIW for EB-2 classification. She claimed her proposed HR consulting work had national importance via business plan and industry reports. AAO held the endeavor lacked national importance because her work would benefit only specific clients and employers, not the HR field or economy broadly.

An entrepreneur seeking EB-2 classification with national interest waiver claimed to work in oil and gas consulting. The AAO found the petitioner failed the first Dhanasar prong by providing vague, contradictory descriptions of the proposed endeavor without establishing its specific national importance.

Supply chain management specialist seeking EB-2 advanced degree with national interest waiver. Claimed supply chain expertise for pharmaceutical companies had national importance and he was well positioned to advance it. AAO found petitioner confused industry importance with specific endeavor importance; no evidence of impact beyond particular employers or substantial economic effects for nation.

A human resources manager sought EB-2 classification with national interest waiver for consulting work through her company. AAO dismissed the appeal, finding the proposed endeavor had substantial merit but lacked demonstrated national importance; insufficient evidence of potential to employ workers or produce substantial positive economic effects.

An entrepreneur in supply chain management with an advanced degree seeking EB-2 national interest waiver. The AAO found the petitioner qualified as advanced degree holder but failed the first Dhanasar prong. While the endeavor showed substantial merit, the petitioner lacked evidence of national importance beyond her own business operations.

Human resources manager with advanced degree seeks NIW for EB-2 classification to implement diversity and workplace safety initiatives in U.S. companies. AAO dismissed appeal, finding the proposed endeavor lacked national importance despite substantial merit; general HR and safety work does not satisfy Dhanasar first prong.

General and operations manager seeks EB-2 with national interest waiver under Dhanasar framework. AAO dismissed, finding proposed endeavor lacks substantial merit and national importance; basic economic activity of advising businesses does not reach level required for waiver.

Employer-sponsored human resources manager with advanced degree sought EB-2 NIW. AAO dismissed appeal because petitioner failed to establish national importance of her specific HR endeavor; general HR shortage and field importance do not meet Dhanasar framework.

HR manager petitioner self-filed for EB-2 with NIW, proposing HR consulting services for small and medium enterprises. AAO dismissed on two grounds: petitioner lacked five years of required post-baccalaureate experience in HR specialty, and proposed endeavor lacks national importance because general information about labor shortages and small business does not establish this specific business will have broader implications beyond its limited clients.

A product manager with master's degrees in international business and marketing seeks EB-2 national interest waiver. The AAO affirmed denial because while the endeavor has substantial merit, the petitioner failed to demonstrate national importance as the proposed work lacks prospective impact beyond his employer.

Operations and administrative manager with business degree seeks NIW for frozen-food business and consulting work. AAO dismissed appeal, finding proposed endeavor lacked demonstrated national importance and insufficient detail; unresolved time allocation issues cast doubt on economic impact.

A general and operations manager sought a national interest waiver for EB-2 classification, proposing to provide expert managerial services to U.S. companies. The AAO dismissed the appeal because the specific endeavor lacks national importance; it would benefit only individual employers and clients, not the broader field or economy.