Published AAO appeal decisions

Travel agent and tour guide seeks EB-2 NIW. Director denied both exceptional ability and NIW. AAO affirmed denial of EB-2 classification, finding petitioner met only two of six exceptional ability criteria, falling short of three-criterion threshold; declined to reach NIW arguments.

A general and operations manager seeks EB-2 NIW as individual of exceptional ability. The petitioner claimed multiple exceptional ability criteria. The AAO dismissed the appeal, finding petitioner did not satisfy three of six criteria required for exceptional ability, eliminating NIW eligibility.

Sales manager with advanced degree sought NIW for business endeavors including sales consulting and trading company. AAO found substantial merit but no national importance; the work lacked evidence of broader economic implications or prospective impact sufficient for waiver eligibility.

Event planner with advanced degree sought NIW for EB-2 classification. AAO dismissed appeal, finding proposed endeavor lacked national importance. Speaking engagements, media coverage, and professional memberships did not establish impact reaching level of manufacturing innovations or medical advances.

Entrepreneur seeking NIW for advanced degree EB-2 to pursue body-positive social movement work. AAO dismissed appeal, finding proposed endeavor lacks definition, specified location, funding plan, and job creation details needed to establish national importance under Dhanasar first prong.

Digital media strategy and operations professional claims extraordinary ability. Director found two criteria met; petitioner claimed three additional criteria on appeal. AAO dismissed, finding published material and original contributions not established. Overall, petitioner showed career progression but lacked evidence of sustained acclaim or position among small percentage at field top.

Information technology project manager seeking EB-2 with national interest waiver. Petitioner founded consulting company after petition filing based on client solicitations. AAO found proposed endeavor lacks sufficient specificity and national importance; STEM field designation alone does not establish required impact in information technology project management.

Personnel management consultant in Russian-speaking countries claimed five criteria under EB-1A. AAO dismissed appeal, finding no major award and no satisfaction of three required criteria. Evidence lacked specificity, objectivity, and documentation; petitioner showed no sustained national or international acclaim.

Business development director sought EB-2 NIW as advanced degree professional. Qualified for underlying EB-2. AAO found proposed business development endeavor poorly defined and lacking substantial merit and national importance. Petitioner failed to document specific projects, scale, or prospective economic impact needed to establish national importance.

Former military officer seeking EB-2 classification as advanced degree professional or individual of exceptional ability, plus national interest waiver. Petitioner did not hold recognized bachelor's degree equivalent and failed to establish three of six exceptional ability categories. Ineligible for EB-2; appeal dismissed.

A human resources specialist planning to start a consulting firm sought EB-2 advanced degree classification with a national interest waiver. The service center found she lacked five years of progressive post-degree experience. The AAO dismissed the appeal because the new letter did not establish qualifying experience, and it reserved the Dhanasar prongs without deciding them.

General and operations manager seeking EB-2 advanced degree with national interest waiver. Claimed management endeavor would have national importance and that he was well positioned to advance it. AAO found material changes to proposed endeavor between filing and RFE response; initial employment no longer viable; endeavor lacked demonstration of broader implications or substantial economic effects.

Self-petitioner, business supply chain software specialist, sought EB-1A extraordinary ability. Met only one of three required criteria (published material). AAO rejected membership in professional associations and leading role claims due to insufficient evidence and timing issues. Appeal dismissed.

An entrepreneur in foreign trade and logistics claimed exceptional ability through ten years of experience and professional memberships. The AAO dismissed, finding the petitioner met only the experience criterion and did not establish at least three required criteria.

Entrepreneur importing and distributing textiles sought EB-2 classification with national interest waiver. AAO affirmed denial because proposed endeavor lacked national importance under Dhanasar framework; endeavor was too general and offered no evidence of broader field impact or substantial economic benefits.

Occupational health and safety entrepreneur with Dominican Republic MD seeking EB-2 NIW. AAO held proposed endeavor lacked national importance; general industry articles and business growth potential insufficient to show benefits beyond company to economy or broader field.

Industrial engineering expert with advanced degree seeking NIW for EB-2 classification; AAO reversed denial of EB-2 qualification but dismissed NIW appeal. Petitioner failed to demonstrate proposed business engineering endeavor has substantial merit or national importance; vague business plan lacks specific evidence of broader field impact or economic benefits.

Management consultant with advanced degree in business administration seeks EB-2 national interest waiver. Claimed waiver based on business consulting services providing national economic benefits. AAO dismissed appeal, finding proposed endeavor lacks sufficient national importance despite industry demand; general industry articles do not establish specific endeavor impact.

Commercial lawyer with advanced degree sought NIW for EB-2. Claimed endeavor in commercial law with cross-border initiatives had substantial merit and national importance. AAO dismissed appeal because petitioner failed to clearly define her specific proposed endeavor and provided insufficient evidence of national importance or prospective economic impact.

A business administrator seeks an NIW for EB-2 classification. She claimed the proposed endeavor of providing business administration services has national importance. The AAO found substantial merit but dismissed because the specific endeavor lacks national importance; evidence addressed only general importance of business administration, not its specific prospective impact.

Entrepreneur in sales and marketing sought NIW for EB-2 advanced degree classification. AAO dismissed appeal, finding proposed business consulting endeavor lacked national importance despite petitioner's experience and intention to hire U.S. workers in SBA HUBZone; impact insufficient to meet Dhanasar requirements.

A business consultant seeking EB-2 with NIW failed to meet the exceptional ability criterion (one of six required criteria met). The AAO dismissed, finding categorical EB-2 ineligibility and that the consulting endeavor lacked national importance; ripple effects of small business work insufficient.

Engineer initially, later claiming sales operations consulting proposed endeavor, sought EB-2 advanced degree and NIW. AAO dismissed appeal; petitioner failed to demonstrate he is well positioned to advance the proposed endeavor, which also fundamentally changed from engineering to sales consulting between petition filing and appeal.

General and operations manager sought EB-2 NIW for business management services. AAO affirmed denial, finding proposed endeavor lacked national importance despite job creation projections. Teaching and training activities would not impact field broadly beyond direct participants.

Entrepreneur in gym and martial arts studio industry sought EB-2 classification with national interest waiver. AAO dismissed appeal because petitioner established substantial merit but failed to demonstrate national importance; proposed endeavor lacked broader implications beyond benefiting own business and clients.