Published AAO appeal decisions

Business owner sought NIW to produce non-GMO fruit preserves. Qualified for underlying EB-2 advanced degree classification. AAO dismissed appeal because petitioner failed to demonstrate endeavor has national importance independent of alignment with governmental agricultural priorities; small local operation with fifteen projected employees lacked demonstrable broader economic or industry impact.

Entrepreneur in agricultural technology with advanced degree sought EB-2 with national interest waiver for platform-based operational model. AAO dismissed appeal, finding endeavor lacks national importance because petitioner did not demonstrate impact beyond business and future clients to the field more broadly.

Veterinarian entrepreneur seeks EB-2 national interest waiver to establish rural veterinary services firm in New York. Proposed providing affordable livestock veterinary care and food safety services. AAO found endeavor has substantial merit but lacks national importance; projected employment and revenue insufficient to demonstrate impact beyond local clients.

An entomology professor with a Ph.D. in medical entomology seeks an EB-2 national interest waiver for research on German cockroach insecticide resistance. AAO held the proposed endeavor lacks the specific detail, novelty, and documented potential for broad impact required to establish national importance under Dhanasar's first prong.

A biomedical engineering graduate research assistant sought NIW EB-2 classification for livestock safety research. The AAO found the proposed endeavor had substantial merit and national importance but dismissed the appeal because the petitioner failed to demonstrate he was well positioned to advance the endeavor, lacking a demonstrated record of research success.

CEO seeks NIW for EB-2 self-employment operating functional and organic food businesses with nationwide online sales. Petitioner claimed national scope and health benefits addressing obesity. AAO dismissed, finding endeavor lacks national importance; online sales presence and health alignment insufficient without evidence of substantial economic effects or broader field impact.

Agricultural scientist seeking EB-2 national interest waiver for climate-resilient farming research. AAO found proposed endeavor met substantial merit and national importance prong but applicant failed second prong: master's degrees and publication record insufficient to establish she is well positioned to advance the endeavor. Third prong not addressed due to failure on second prong.

An agro-industrial engineer self-petitioned for EB-2 classification with a national interest waiver. The AAO found him qualified as an advanced degree professional but denied the waiver. His consulting services to agricultural and manufacturing SMEs lacked the national or global implications necessary to demonstrate national importance under Dhanasar.

An entrepreneur offering consulting and management training to coffee producers sought EB-2 classification as an individual of exceptional ability with a national interest waiver. The AAO dismissed the appeal because the petitioner did not show expertise significantly above peers, and it reserved the Dhanasar waiver analysis.

Plant sciences researcher with Master's degree sought EB-2 with NIW. AAO sustained appeal, finding all three Dhanasar prongs met: research on crop resilience has national importance, applicant's credentials and record position him to advance the work, and national interest in critical biotechnology justifies waiving labor certification.

Agricultural engineer proposes to establish a consulting company offering personalized innovative solutions to farmers and agribusinesses to optimize productivity and sustainability. AAO held the proposed endeavor lacks national importance because it failed to demonstrate substantial prospective economic impact or job creation beyond serving selected regional clients.

A ranch manager with advanced degree sought EB-2 with national interest waiver for cattle ranch operations. AAO granted underlying EB-2 eligibility but denied waiver, finding proposed job lacked demonstrated national importance. Local economic impact and industry relevance alone insufficient without broader field implications.

Entrepreneur in agriculture seeking EB-2 exceptional ability and NIW. AAO affirmed denial because petitioner failed to show expertise significantly above ordinary level in agricultural entrepreneurship despite meeting three criteria initially. NIW prongs not reached.

Veterinarian entrepreneur seeks EB-2 NIW to establish veterinary medicine business and develop patient software. Petitioner claimed endeavor addresses disease prevention and generates jobs, but failed to demonstrate national importance. AAO found endeavor lacks requisite prospective impact beyond company and clientele; dismissed appeal because it does not rise to level of national importance.

Agribusiness consultant with advanced degree in zootechnics proposed starting a consulting company for sustainable farming and animal breeding. AAO held the proposed endeavor lacks national importance because services are individualized to specific clients without broader field implications.

A nutritionist with advanced degree sought NIW for self-employment in school cafeteria consulting and nutritional training. AAO dismissed because the proposed endeavor lacked demonstrated national importance; general industry importance and educational benefits insufficient under Dhanasar.

An agribusiness consultant with exceptional ability sought NIW. The AAO confirmed exceptional ability eligibility through three criteria but dismissed the appeal, finding the proposed consulting business providing research and marketing services lacked national importance; sustainability and food security claims were unsupported by documentation showing prospective field-wide or broad economic impact.

A food safety consultant sought national interest waiver as advanced degree professional. The AAO agreed the food safety consulting endeavor has substantial merit but found insufficient evidence demonstrating national importance, as submitted evidence addressed the importance of the field generally rather than the petitioner's specific proposed work.

Operation manager in food retail sought EB-2 classification as individual of exceptional ability with NIW. AAO held she failed to demonstrate exceptional ability by meeting at least three evidentiary criteria, and therefore did not establish underlying EB-2 eligibility; Dhanasar prongs not addressed.

Entrepreneur in forest nurseries and environmental conservation sought EB-2 NIW. AAO dismissed appeal, finding the proposed forest restoration endeavor has substantial merit but lacks national importance because petitioner did not demonstrate sufficient prospective impact beyond the field's inherent importance.

A wholesale and retail food distributor with advanced degree sought NIW. AAO found substantial merit in the proposed endeavor but concluded it lacks national importance because benefits remain confined to the petitioner's customers without reaching regional or national economic significance.

A food engineer sought an EB-2 classification with a national interest waiver. The AAO dismissed the appeal because the petitioner did not document five years of progressive post-baccalaureate experience or show the foreign degree equals a U.S. bachelor's degree. The Dhanasar prongs were therefore reserved and not decided.

Food industry management consultant and chef sought EB-2 national interest waiver. AAO dismissed because petitioner failed to establish exceptional ability under any EB-2 criterion and did not establish national importance of proposed endeavor; business impact limited to own company.

An entrepreneur running an agricultural advisory business sought EB-2 classification as an individual of exceptional ability together with a national interest waiver. The AAO dismissed the appeal because the petitioner did not satisfy three of the six exceptional ability criteria, and it reserved the Dhanasar prongs as unnecessary to decide.