Published AAO appeal decisions

A business manager sought NIW based on EB-2 exceptional ability or advanced degree. The appeal was dismissed as moot following a motion to reconsider. On merits, the petitioner failed to establish national importance; the vacation rental business endeavor would serve an existing tourism industry locally but lacked broader implications or substantial economic effects commensurate with national importance.

A home beauty services business owner self-petitioner seeking national interest waiver under EB-2. The AAO dismissed, finding although the endeavor had substantial merit, it lacked national importance because the proposed app-based business would not impact the beauty services industry broadly or generate substantial economic benefits beyond her immediate clientele.

Real estate entrepreneur with advanced degree sought EB-2 national interest waiver for foreign investment consultancy. AAO affirmed denial, finding business plan fails to demonstrate national importance: lacks evidence of specific impact on industry, substantial job creation, economic benefits to region, or broader implications required.

Management consulting business owner sought NIW as EB-2. Petitioner claimed her consulting services would drive economic growth and enhance competitiveness nationally. AAO found substantial merit but rejected national importance because her specific business would not demonstrate impact on management consulting field or national economy more broadly.

Business consultant seeking NIW for EB-2 classification. Petitioner claimed proposed business training and consulting endeavor would create jobs and contribute to economy. AAO held claimed endeavor lacks specific plan demonstrating national impact; experience and talent do not establish broad field impact at national level.

General and operations manager in residential construction sought EB-2 with national interest waiver. AAO agreed petitioner established advanced degree eligibility but dismissed appeal on NIW because specific endeavor lacked national importance under Dhanasar first prong.

A petitioner proposes to establish a sales and marketing organization to promote lesser-known U.S. tourism destinations beyond the top 20. AAO held the proposed endeavor lacks national importance because it fails to demonstrate broader field implications, lacks specificity on target regions, and revenue/employment projections do not show substantial economic effects.

A sales manager in IT and banking sought EB-2 classification with a national interest waiver. The AAO found her proposed endeavor had substantial merit but lacked national importance because she failed to demonstrate her specific venture would benefit the economy or field nationally; appeal dismissed.

A trainer sought EB-2 classification with national interest waiver for a Florida physical training business. The AAO dismissed because while the endeavor has substantial merit, it lacks national importance; modest revenue and employment projections demonstrate no substantial positive economic effects at regional or national level.

Supply chain management consultant with advanced degree seeks NIW. Petitioner established advanced degree status and eligibility under second Dhanasar prong but failed first prong. Proposed services lack demonstrated national importance despite HUBZone location; no projected economic impact or job creation evidence.

An international commercial manager sought employer-sponsored EB-2 NIW claiming expertise in logistics and international markets. The AAO dismissed the appeal because petitioner established substantial merit but failed to demonstrate national importance; her proposed endeavor lacked broader industry impact and she provided no explanation of specific implementation methods.

Business manager seeking NIW for EB-2 classification. Petitioner claimed endeavor would boost economic growth through job creation and supply chain support. AAO held proposed work lacks national importance; claimed benefits do not demonstrate prospective impact at requisite national level.

Administrative manager working in food importation and real estate sought NIW as EB-2 advanced degree holder. AAO dismissed appeal because proposed endeavor lacked national importance; staffing projections and HUBZone location insufficient without evidence services would extend beyond company clients to impact field broadly.

Administrative assistant from Brazil seeks EB-2 with NIW to work as business manager in multiple industries. AAO held her proposed endeavor lacks national importance because it benefits only her employers and does not impact her field broadly, failing the first Dhanasar prong.

Petitioner proposed cargo transportation and logistics consulting business under EB-2 NIW. AAO affirmed dismissal, finding substantial merit but no national importance; assertions alone insufficient; work would benefit immediate clients and critical infrastructure, not demonstrate broader field implications.

A process engineering project manager seeks an NIW for EB-2 classification. He claimed his proposed endeavor optimizing financial processes has national importance. The AAO affirmed the director's finding that the record lacks evidence of national importance; his work describes typical project management duties without prospective impact rising to national level.

A CEO and entrepreneur self-petitioner claiming national interest waiver under EB-2. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance because it offered only localized client benefits without broader implications, job creation potential, or substantial economic effects required by Dhanasar framework.

An e-commerce entrepreneur with advanced degree sought EB-2 NIW classification. Director found substantial merit but no national importance. On appeal, petitioner argued national importance through dropshipping technique dissemination but provided insufficient evidence of prospective impact beyond his specific company.

A human resources professional sought national interest waiver for HR consulting services to small and medium businesses. The AAO found the endeavor has substantial merit and the petitioner qualifies as advanced degree professional, but the record lacks evidence of national importance, showing only benefits to direct clients.

Project manager sought EB-2 NIW for asset management consulting business serving small and medium businesses. AAO found substantial merit in endeavor but no national importance; evidence of industry shortage and professional network support did not establish prospective impact beyond individual clients or substantial employment or economic effects.

Tourism industry consultant sought EB-2 with NIW. AAO held petitioner established EB-2 eligibility as advanced degree professional with substantial merit for proposed endeavor but failed to show national importance; consulting services lack broader implications beyond specific clients.

An entrepreneur seeking EB-2 with national interest waiver for a consulting firm providing channel management and sales force effectiveness services. AAO affirmed dismissal because petitioner failed to establish national importance despite having substantial merit; claimed job creation and economic benefits were not adequately documented as substantially exceeding typical small business operations.

A petitioner proposes to provide consulting and marketing services to automotive companies to improve profitability and processes. AAO held the proposed endeavor lacks national importance because submitted articles address industry importance, not the specific endeavor's national or global impact, and petitioner failed to demonstrate benefits rising to national significance.

Entrepreneur with supervisory and management experience sought NIW for exceptional ability classification. AAO dismissed because petitioner failed to meet the three exceptional ability criteria and, on final merits, did not demonstrate expertise significantly above peers. National importance of proposed endeavor was also unestablished.

A business manager sought NIW for pharmaceutical distribution work. The AAO dismissed the appeal, finding the proposed endeavor had substantial merit but lacked national importance; it showed no broader implications in business management or pharmaceutical distribution beyond serving specific clients.