Published AAO appeal decisions

A finance manager sought EB-2 NIW for a finance technologist role. The AAO affirmed dismissal, finding she failed to demonstrate her specific proposed endeavor has national importance distinct from the importance of the finance profession generally.

Business consultant sought EB-2 national interest waiver for implementing financial management model in United States. Petitioner claimed endeavor would transform small business success rates. AAO held record lacked documentation of prospective impact beyond clients; insufficient capital commitments and no evidence of substantial economic effects.

Entrepreneur seeking extraordinary ability classification claimed six criteria. Director found published material and leading role criteria met; petitioner did not challenge denial of awards, membership, original contributions, and high salary criteria. AAO affirmed that petitioner failed to meet three criteria and that totality of evidence does not demonstrate sustained acclaim or top-of-field status.

Sales operations manager seeking EB-2 NIW to work as CEO of consulting company. Claimed endeavor has national importance through business services and job creation. AAO held endeavor lacks national importance because it lacks specific prospective impact beyond small businesses and does not demonstrate substantial positive economic effects.

Digital artist in surrealist photomontage sought EB-1A extraordinary ability classification. AAO found one criterion met and one newly met on appeal but concluded the overall record failed to demonstrate sustained national or international acclaim or top-tier status required for the classification.

An operations manager and marketing developer for a pool construction business sought a national interest waiver after qualifying as an advanced degree professional. The AAO held that the proposed endeavor lacked national importance, since its impact stayed with the company and customers, and reserved the remaining prongs.

Entrepreneur and CEO self-petitioner sought EB-2 NIW for renewable energy venture. Director approved underlying EB-2 but denied NIW. AAO agreed endeavor lacks national importance; working in important field insufficient without demonstrating prospective impact on field broadly.

Lodging manager with foreign master's degree seeking NIW and EB-2 as advanced degree professional. AAO found lodging management positions do not require baccalaureate degree, disqualifying petitioner from EB-2. Additionally, petitioner impermissibly changed proposed endeavor from lodging work to hotel sustainability business mid-petition, violating requirement of consistent proposed endeavor.

Electrical engineer sought EB-2 with national interest waiver. Claimed his electromagnetic compatibility testing and aircraft lightning protection work had national importance. AAO dismissed, finding petitioner showed field importance but not how his individual work would have broader implications or substantial economic effects as required.

Software and game developer seeking NIW and EB-2 as individual of exceptional ability. Petitioner claimed four exceptional ability criteria but AAO found only two met by director; on appeal petitioner could not establish three required criteria. Appeal dismissed on underlying EB-2 ineligibility without reaching NIW Dhanasar analysis.

Self-petitioner entrepreneur with over 20 years in business and finance seeking EB-2 NIW for consulting firm serving entrepreneurs and small firms in Latin American U.S. operations. AAO found no national importance; endeavor lacks prospective impact beyond target clientele and no substantial economic benefits demonstrated at regional or national level.

Market research analyst, business analyst, economist, and administrative manager self-petitioner sought EB-2 with NIW. Director found substantial merit but AAO affirmed dismissal on appeal, finding no national importance. Proposed market research and data analysis business lacked evidence of prospective impact beyond serving individual clients; failed to demonstrate broader implications.

Entrepreneur and jiu-jitsu instructor sought NIW as exceptional ability professional. AAO found petitioner met only two of six exceptional ability criteria, failing underlying EB-2 qualification. Because ineligible for EB-2, NIW analysis not reached. Appeal dismissed.

Research scientist sought EB-1A extraordinary ability in sciences. Director found two criteria met: judging and scholarly articles. AAO rejected awards claim because Chinese government awards lack established national recognition and rejected membership and leading role claims. Only two of three required criteria met.

A Brazilian dentist proposing to open a dental clinic claimed a national interest waiver, citing access to dental care, professional shortage, and research integration. The AAO found the endeavor had substantial merit but lacked national importance because benefits would be limited to the petitioner's clients and employees without broader field impact.

Security systems and electrical engineer self-petitioner sought EB-2 NIW. Director denied underlying EB-2 eligibility and NIW. AAO found endeavor has merit but lacks national importance required by Dhanasar's first prong, dismissing appeal without reaching remaining criteria.

A technology entrepreneur seeking EB-2 exceptional ability classification with NIW claimed three criteria for exceptional ability. AAO held petitioner failed to meet three criteria required for exceptional ability; therefore ineligible for EB-2 and NIW reserved; appeal dismissed without reaching Dhanasar analysis.

Executive manager in business seeks EB-2 NIW. Has advanced degree and substantial merit for proposed endeavor but failed to establish national importance of working as executive manager in finance sector. Decision focuses on specific endeavor impact, not industry importance.

A truck driver seeking EB-2 with NIW to operate an independent cargo trucking and storage business. Claimed the endeavor had substantial merit and national importance and that he was well positioned to advance it. AAO dismissed, finding the first prong lacked adequate evidentiary support and the second prong was not established.

Industrial production manager and entrepreneur seeks EB-2 NIW classification for lighting fixture business expansion. Petitioner met exceptional ability standard but failed to demonstrate national importance of proposed endeavor under Dhanasar framework. Decision emphasizes lack of broader industry impact or substantial economic effects commensurate with national interest.

An information technology professional consultant sought national interest waiver for EB-2 as individual of exceptional ability. AAO dismissed, finding petitioner failed to establish underlying EB-2 qualification and that proposed IT consulting endeavor lacks national importance beyond his own client base.

Self-petitioner civil engineer and entrepreneur seeks EB-2 NIW for construction management and consulting company. AAO held proposed endeavor lacks national importance under Dhanasar because business plan shows no prospective impact beyond specific company clients or broader field implications, insufficient to demonstrate substantial positive economic effects.

A hospitality manager sought EB-2 classification as an exceptional ability individual, with a national interest waiver. The appeal was dismissed because, after withdrawing the service center's findings on salary, membership and recognition, fewer than three regulatory criteria were met. The waiver question was reserved and not decided.

Accounting specialist sought EB-2 with national interest waiver for a startup accounting services company. Advanced degree qualification was not disputed. AAO held the proposed endeavor lacked national importance because routine accounting services would benefit only generalized clients without broader economic impact.

A software and investment firm sought O-1 classification for an investment and marketing specialist. After a summary dismissal of the appeal, the firm filed untimely combined motions to reopen and reconsider. The AAO found the delay was not reasonable or beyond the firm's control and dismissed both motions without reaching the merits.