Published AAO appeal decisions

General and operations manager seeking NIW for healthy fast-food restaurant business. Established EB-2 eligibility but failed to demonstrate national importance of proposed endeavor. AAO held specific business lacks broader implications or substantial economic effects needed for national interest.

Agricultural finance consultant sought EB-2 with NIW for consulting startup. AAO dismissed appeal, finding substantial merit but no national importance; business plan lacked specificity on services and demand; regional impact and industry importance insufficient without broad endeavor impact.

Food scientist with advanced degree sought EB-2 classification and national interest waiver. AAO dismissed appeal, finding petitioner qualified as advanced degree professional but failed to demonstrate proposed endeavor has national importance because specific research plans lack corroboration and projected economic impact remains unsubstantiated.

Micro-irrigation technology inventor sought EB-1A extraordinary ability. Director denied based on insufficient evidence for major award or three of ten criteria. AAO affirmed, finding Director properly excluded untranslated and uncertified documents from consideration under translation regulations.

An agricultural sales representative seeking EB-2 national interest waiver for sales employment. AAO affirmed that proposed activities lack national importance despite projected job creation and increased agricultural product exports, because record failed to establish national significance or industry advancement.

Business administration specialist sought NIW under EB-2 for produce import and distribution endeavor. Petitioner claimed industry knowledge and hiring would demonstrate national importance. AAO held the specific endeavor lacks national importance; industry importance alone insufficient; projected economic benefits do not reach substantial national or regional economic effects required by Dhanasar.

Vocational agricultural teacher sought EB-1A extraordinary ability classification. Initial petition denied for failing to meet three of ten criteria; appeal dismissed. Motion to reopen and reconsider sought reconsideration without identifying legal error and submitted job offer dated after petition filing, which cannot establish eligibility retroactively. Motion dismissed.

A food innovation consultant with advanced degrees sought EB-2 NIW classification. The AAO agreed with the Director that the petitioner qualified as advanced degree professional with substantial merit, but held that her proposed food consulting and teaching activities lacked national importance, failing the first Dhanasar prong.

A postdoctoral researcher with a Ph.D. in horticulture sought an EB-2 national interest waiver to conduct research on HLB-resistant citrus. The Director found the endeavor had substantial merit and national importance but concluded she was not well positioned and the waiver would not benefit the U.S. The AAO sustained the appeal, finding all three Dhanasar prongs satisfied based on her expertise, documented successes, and significant horticultural and economic benefits.