Published AAO appeal decisions

A security management specialist proposes to establish a security services business and claims exceptional ability. The AAO dismissed the appeal because the petitioner failed to meet at least three of six regulatory criteria for exceptional ability under the EB-2 classification, rendering NIW analysis unnecessary.

Commercial manager sought EB-2 national interest waiver. AAO dismissed because petitioner failed to establish national importance of proposed commercial strategy endeavor under Dhanasar framework; evidence showed only personal or employer-specific benefit.

Advanced degree professional sought EB-2 with NIW for business executive and educator role. AAO dismissed because petitioner failed first Dhanasar prong: no evidence that proposed endeavor has national importance or substantial positive economic effects commensurate with waiving job offer requirement.

Administrative services manager sought NIW for EB-2 to operate motor vehicle maintenance and repair shop. AAO dismissed appeal; proposed endeavor lacks national importance despite projected employment; does not differ from countless other automotive service businesses nationwide.

International business manager in supply chain consulting seeks NIW based on EB-2 advanced degree or exceptional ability. AAO affirmed denial: substantial merit shown but national importance not established; specific endeavor lacks broader economic impact beyond company clients and employees.

Human resources entrepreneur seeking national interest waiver for EB-2 self-petition. Petitioner claimed substantial merit and national importance of consulting business. AAO upheld Director's finding that endeavor lacked national importance despite substantial merit, as no evidence of broader field impact or significant economic effects.

Infrastructure project manager sought EB-2 national interest waiver. AAO held that while the proposed endeavor had substantial merit, it lacked national importance because the business would provide benefits only to limited clients and employees, with no broader economic impact commensurate with national significance.

Business administrator and entrepreneur in auto parts company sought EB-2 with national interest waiver. Did not establish exceptional ability for underlying EB-2 classification, making waiver ineligible. AAO dismissed appeal without addressing Dhanasar prongs.

A barber and barber instructor sought EB-2 national interest waiver for a barbershop and barber school business. The AAO affirmed denial on two grounds: the applicant failed to meet three evidentiary criteria for exceptional ability status, and the proposed endeavor lacked national importance as required by Dhanasar.

Process engineer and entrepreneur self-petitioner proposed general business consulting services to small/medium companies. AAO dismissed: consulting endeavor lacks national importance; projected fourteen jobs and revenue do not establish substantial economic effects; benefits confined to individual clients, not field-wide.

Entrepreneur seeks EB-2 with national interest waiver for proposed sales training company. Claimed endeavor has substantial merit and national importance benefiting economy and addressing labor shortages. AAO held specific endeavor lacks national importance; generic business activities and references to industry importance insufficient without demonstrating broader field implications.

Entrepreneur in business consulting sought EB-2 national interest waiver. Petitioner demonstrated advanced degree eligibility but failed to establish national importance of proposed business venture, showing only unsupported testimonial claims lacking broader field implications or economic evidence.

Trade specialist seeks EB-2 with national interest waiver. Claimed proposed international trade consulting endeavor has substantial merit and national importance. AAO held endeavor lacks national importance because individual consulting to small businesses, though in important field, does not demonstrate broader implications needed for waiver.

A business manager in transport administration sought NIW classification for EB-2. The AAO dismissed the appeal, holding that while the proposed endeavor has substantial merit, it lacks national importance because the record shows no broader implications for the industry, significant employment potential, or substantial positive economic effects beyond specific employers.

A general and operations manager sought NIW classification for EB-2. The AAO dismissed the appeal, holding that the proposed endeavor lacked national importance under Dhanasar because it failed to demonstrate how services would impact the field broadly, have significant employment potential, or produce substantial economic effects beyond specific employers.

Chief legal officer in business law seeks EB-1A extraordinary ability classification. Service center erroneously excluded her under profession bar. AAO withdrew that decision and remanded, holding lawyers may qualify under EB-1A if their field is business rather than law practice, requiring reevaluation of claimed criteria and final merits.

A consultant seeks NIW for self-directed business development and consulting services. The AAO dismissed the appeal, holding the proposed endeavor lacks national importance because it shows no substantial prospective impact beyond immediate clientele and provides insufficient evidence of economic effects or broader field implications.

Technology company petitions for vice president managing national streaming service. AAO sustained appeal finding all three Dhanasar prongs met: endeavor has national importance affecting millions nationally, beneficiary is well-positioned with decade-long track record, and waiver benefits United States.

Chief financial officer filed as self-petitioner for extraordinary ability. Claimed six evidentiary criteria. AAO dismissed appeal, finding petitioner failed to meet at least three criteria: membership letter merely repeated regulations, published materials were brief mentions not about his work, judging claim lacked specificity, and original contributions were unsubstantiated assertions without evidence of major significance.

Production engineering consultant sought self-petitioner NIW for startup. Claimed substantial merit and national importance through job creation and business efficiency improvements. AAO found substantial merit but rejected national importance because projected 22 employees and revenue had insufficient demonstrated broader impact on national economy or engineering field.

Accounting consultant seeking NIW to operate consulting business in Florida. Claimed endeavor supporting small-medium enterprises has national importance. AAO held the proposed endeavor lacked demonstrated national importance; general field importance and personal experience insufficient without showing specific prospective impact.

Airport operations specialist sought EB-2 exceptional ability classification and NIW. AAO affirmed director's denial, finding petitioner failed to meet required exceptional ability criteria: no professional certifications despite listing 41 courses, inconsistent job title and unclear salary comparison, unsupported membership claims, and insufficient recognition for contributions. NIW analysis reserved as dispositive EB-2 ineligibility.

An HR specialist seeks NIW for a self-directed HR consulting business. The AAO dismissed the appeal, finding the endeavor lacks national importance because the petitioner provided no corroborating evidence that benefits extend beyond immediate customers to enhance broader societal welfare or regional economies.

Operations manager and entrepreneur in document management sought EB-2 exceptional ability and NIW. AAO affirmed denial: did not meet three required exceptional ability criteria and proposed endeavor lacks national importance; NIW not reached.

An entrepreneur and finance manager in hospitality consulting sought an EB-2 national interest waiver. The AAO found her proposed endeavor had substantial merit but lacked national importance because it would benefit only her clients without broader field impact or demonstrated substantial positive economic effects.