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EB-2 NIW AAO Dhanasar appeal decision, 2023

Updated: Author: Alina Kanametova

Reference Guides 6 pages Anonymized Access on request

Reference document from a September 2023 EB-2 NIW case: 6 pages of prong-related RFE material from the post-filing stage.

EB-2 NIW Petition After filing

About this document

A non-precedent AAO decision on an I-140 EB-2 NIW appeal dated Sep. 28, 2023. It concerns a human resources and organizational development consultant who proposed a U.S. consulting company focused on SMBs and claimed national importance under Dhanasar. The appeal was dismissed because the record did not show the proposed endeavor had national importance, so the NIW request failed at the first prong.

Key points

  • The applicant sought EB-2 classification and a national interest waiver for a proposed HR consulting business in Florida.
  • The Director had already found EB-2 advanced degree eligibility; only the NIW issue remained on appeal.
  • The proposed endeavor was to expand a Colombia-based consultancy to the U.S. and serve small and medium-sized businesses.
  • The business plan projected over $480,000 in first-year revenue, about $2.1 million by year five, and $131,964 profit.
  • The personnel plan projected 30 additional employees by year five and about $1.6 million in total payroll.
  • The record included articles on HR management, organizational psychology, poor HR policies, and the U.S. mental health crisis.
  • The AAO found the evidence showed industry importance, but not how this specific endeavor had broader national implications.
  • The appeal was dismissed because the record did not establish national importance under the first Dhanasar prong.

What is inside

  1. Background and procedural posture
  2. Law: EB-2 NIW and Dhanasar
  3. Proposed endeavor
  4. First-prong analysis
  5. Conclusion and order

When it helps

A sample AAO denial that explains how the first Dhanasar prong is analyzed for NIW cases. It shows what kinds of business plans, forecasts, articles, and expert letters were considered, and why they did not establish national importance.

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Source: Community (anonymized). The material opens on the site. Reference material, not legal advice.

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