Published AAO appeal decisions

General manager and entrepreneur seeks exceptional ability EB-2 with NIW. AAO affirmed denial because petitioner satisfied only one of six exceptional ability criteria required. Without underlying EB-2 eligibility, NIW analysis was not reached.

Logistics coordinator with advanced degree sought NIW. AAO affirmed dismissal because the petitioner failed to demonstrate national importance of his specific proposed endeavor; his skills relate only to the second prong, and logistics work without identified regional focus lacks broader field impact.

A recreation and fitness studies teacher with an advanced degree sought an EB-2 national interest waiver. The Director found his initial proposed endeavor as a classroom teacher lacked national importance. The petitioner then proposed a sports academy business instead, creating a new and inconsistent set of facts. The AAO dismissed, finding the proposed endeavor lacked definitive description and did not demonstrate national importance.

Financial advisor sought NIW under EB-2 for commercial director position. Petitioner qualified as advanced degree professional but failed to establish national importance of proposed endeavor. AAO dismissed, finding business plan lacked credibility and specific endeavor lacked broader field implications.

Transportation chief executive seeks EB-2 NIW claiming exceptional ability and national interest. AAO held petitioner failed to establish exceptional ability degree of expertise significantly above ordinary; meeting three criteria insufficient without demonstrating final merits; national importance prong not analyzed due to threshold failure.

A human resources counselor sought NIW for EB-2 to start a consulting business. The AAO affirmed dismissal because the specific endeavor lacked national importance; praising petitioner's qualifications and field value does not establish the proposed business would impact the field or economy at national level.

Adapted physical education instructor and entrepreneur seeking EB-2 NIW to establish swim school and training programs for persons with disabilities. Petitioner submitted evidence of public health importance and job creation. AAO dismissed appeal, finding petitioner failed to establish national importance because endeavor lacked broader field impact and dissemination beyond limited participant group.

Legal analyst and entrepreneur with advanced degree seeking EB-2 NIW classification proposed business endeavor in legal field. AAO agreed with director that although endeavor had substantial merit, national importance was not established because benefits were isolated to petitioner's company and clients without broader impact on the legal field at national level.

A plastic packaging manufacturer petitioned for a beneficiary seeking EB-2 NIW classification as an advanced degree professional or individual of exceptional ability. The AAO upheld the denial, finding the beneficiary lacked five years progressive post-baccalaureate experience for advanced degree status and failed to meet at least three criteria for exceptional ability. NIW was moot.

An education administrator and entrepreneur sought NIW for an EB-2 educational services business. The AAO found the endeavor had substantial merit but lacked national importance because it would not impact the field beyond direct students and clients, dismissing the appeal.

Food service manager and entrepreneur sought EB-2 NIW to establish bakery in Florida featuring Brazilian cuisine. Claimed substantial merit and national importance. AAO found industry important but proposed endeavor lacked national importance: independent bakery lacks prospective impact beyond customers; insufficient evidence of economic effects.

Chemical engineer and researcher self-petitioner seeking EB-2 NIW based on proposed endeavor in chemistry field. Claimed substantial merit and national importance. AAO affirmed denial because proposed endeavor lacked national importance and amounted to a job search without broader implications for the field.

A healthcare practitioner seeks EB-2 classification with a national interest waiver. The AAO affirmed denial, finding the petitioner materially changed the proposed endeavor in response to an RFE rather than clarifying the original one, and failed to establish the endeavor has substantial merit or national importance under Dhanasar.

Self-petitioner, general and operations manager, sought EB-2 advanced degree classification and national interest waiver. AAO found petitioner eligible for EB-2 but failed to demonstrate national importance of proposed managerial endeavor. Appeal dismissed.

An aircraft pilot sought NIW for EB-2 to provide aviation services. The AAO affirmed dismissal because the specific endeavor lacked national importance despite aviation industry significance; proposing to employ seven workers in Florida with inconsistent business documentation insufficient to demonstrate broader field impact or substantial economic effects.

An entrepreneur proposing to establish an HVAC company sought EB-2 exceptional ability classification with a national interest waiver. The Director denied him for failing to qualify as an exceptional ability professional and did not analyze the Dhanasar framework. The AAO dismissed, finding he did not meet the evidentiary threshold for exceptional ability and thus could not qualify for the underlying EB-2 classification, making Dhanasar analysis unnecessary.

A physical therapist with nineteen years experience sought EB-2 advanced degree classification and NIW. AAO dismissed appeal because petitioner impermissibly changed proposed endeavor and initial endeavor lacks national importance; benefits limited to her patients only.

Sales executive and entrepreneur sought EB-2 with national interest waiver for medical supply consulting business. AAO affirmed denial, finding petitioner not well-positioned to advance endeavor despite meeting first prong. Insufficient evidence of success in U.S. market or customer interest.

Marketing manager in health consultancy field with advanced degree seeks EB-2 NIW for proposed work assisting U.S. companies with branding and management optimization. Director found substantial merit. AAO affirmed denial, holding proposed work lacks national importance because it does not impact field broadly or create substantial economic effects beyond individual client transactions.

Financial analyst sought EB-2 exceptional ability with NIW. Director found four criteria met; AAO disagreed and found zero of six criteria met due to insufficient documentation and evidence not meeting regulatory standards. Underlying EB-2 eligibility failed; NIW analysis reserved.

A drilling engineer in oil and gas sought NIW EB-2 classification intending to continue current employment. The AAO found the engineer must define a specific endeavor and failed to establish national importance; relying on industry importance and economic ripple effects is insufficient.

Business administrator sought EB-2 with NIW for consulting company helping businesses avoid closure. AAO dismissed appeal, finding substantial merit but no national importance; petitioner failed to demonstrate impact beyond company clientele or substantial U.S. job creation.

An accountant seeking EB-2 exceptional ability classification and national interest waiver. AAO dismissed the appeal because petitioner satisfied only two of six required evidentiary criteria for exceptional ability, making her ineligible for underlying EB-2 classification and therefore ineligible for a waiver.

A cybersecurity entrepreneur from Brazil sought EB-2 NIW for a software and cybersecurity services business. The AAO dismissed the petition because the petitioner lacked categorical EB-2 eligibility and failed to demonstrate the proposed endeavor had national importance; anticipated job creation was unclear and lacked substantial prospective economic impact.

An insurance brokerage entrepreneur sought NIW under EB-2. The AAO agreed the endeavor had substantial merit but found it lacked national importance because benefits were largely local to the business, not extending broadly to impact the field, dismissing the appeal.