Published AAO appeal decisions

Business owner self-petitioner in disposable personal hygiene products manufacturing sought EB-1A extraordinary ability. AAO affirmed dismissal finding petitioner satisfied no three initial criteria; original contributions claim based on industry standard participation lacked sufficient evidence of major significance.

A food and wine entrepreneur planning to open a restaurant sought EB-2 classification as an individual of exceptional ability, with a national interest waiver. The AAO dismissed the appeal, concluding that only one of the five claimed criteria was met rather than the required three, and reserved the waiver issue.

An aviation pilot and entrepreneur sought NIW to develop flight planning software for general aviation. The AAO dismissed the appeal, finding insufficient evidence of national importance; the proposed endeavor's benefits appeared limited to the petitioner's startup without demonstrating broader impacts on the aviation industry or economy.

CEO seeking NIW for eco-friendly manufacturing startup claimed national importance of his business venture. AAO held the endeavor lacks broader field-level impact, representing only routine company-specific benefit insufficient for NIW, distinguishing meaningful national importance from merely important work.

A tourism specialist and entrepreneur self-petitioned for EB-1A extraordinary ability. The AAO affirmed that the petitioner met fewer than three evidentiary criteria and did not demonstrate sustained national or international acclaim required for extraordinary ability classification.

An entrepreneur sought EB-1A classification based on five claimed criteria. The AAO affirmed SCOPS findings that he met judging and leading role criteria but rejected published material due to missing author attribution, original contributions as lacking major significance, and high salary due to insufficient documentation. Appeal dismissed.

Production engineer and entrepreneur sought EB-2 NIW for consultancy business. AAO found petitioner qualified as advanced degree professional but rejected endeavor's national importance. Consultancy services lacked sufficient prospective impact on industry or economy; job creation projections insufficiently detailed. Appeal dismissed.

Project manager and entrepreneur in aviation technology sought EB-1A extraordinary ability classification. AAO found petitioner failed to establish three of ten regulatory criteria, withdrawing service center's finding on judging and rejecting original contributions and leading role claims.

Architectural designer seeking NIW for patented panelized housing system business claiming national importance addressing housing shortage and sustainability. AAO found substantial merit but not national importance, as evidence did not establish prospective national-level impact beyond company operations or how work would significantly impact depressed areas.

An entrepreneur planning a cybersecurity and crisis management company sought EB-2 exceptional ability classification with a national interest waiver. The AAO found only the academic record criterion satisfied, withdrew the service center's findings on the other criteria, and reserved the waiver analysis, dismissing the appeal.

An entrepreneur and inventor from Transnistria claimed extraordinary ability under EB-1A, asserting four evidentiary criteria. The AAO affirmed the Service Center's denial, finding he failed to demonstrate nationally or internationally recognized awards or judging experience, thus falling short of the required three criteria threshold.

Entrepreneur in trucking and logistics sought EB-2 NIW for truck business management consulting firm in Florida. AAO dismissed, holding proposed endeavor lacked national importance; general alignment with government initiatives and industry importance insufficient without evidence of specific innovations.

An EB-2 applicant seeking national interest waiver filed a third motion to reconsider after prior dismissals. The AAO dismissed the motion because petitioner merely disagreed with conclusions without identifying legal or policy errors as required for reconsideration. Underlying petition remained denied.

General manager and logistician in delivery and transportation sought EB-2 with national interest waiver. AAO found substantial merit in endeavor but dismissed appeal because petitioner failed to demonstrate national importance of his specific business beyond local clientele.

Entrepreneur and operations manager proposing eco-friendly swimwear manufacturing and distribution business claiming national interest waiver. AAO dismissed appeal, finding endeavor lacks national importance; sustainability claims vague and speculative, niche market focus insufficient for material influence on industry or economy at national scale.

An international travel company owner claimed EB-1A extraordinary ability in entrepreneurship and tourism. Although SCOPS found four criteria met, the AAO determined the membership criterion failed because fellowship does not require expert judgment of outstanding achievement. The AAO dismissed, finding petitioner merely very good, not among the small percentage at field's very top.

Entrepreneur seeks national interest waiver for EB-2 classification but lacks required advanced degree or proven exceptional ability. AAO held she failed to establish advanced degree eligibility and that her proposed endeavor lacks national importance; serves underserved clients but lacks broader field impact, accomplishments, or demonstrated track record.

An entrepreneur in language education and cultural immersion training sought an EB-2 NIW. The AAO agreed the endeavor had merit but found it lacked the specific detail, evidence, and prospective impact necessary to establish national importance under Dhanasar's first prong, which is dispositive.

The petitioner is a chief executive and co-founder of a food technology company who sought extraordinary ability classification, claiming eight criteria. The service center accepted two, and he contested six on appeal. The AAO dismissed because he did not satisfy three criteria, and it did not reach the final merits.

Dog food chef and luxury pet boutique co-owner sought EB-2 national interest waiver. AAO affirmed USCIS denial, finding petitioner's dog food business lacks national importance despite business awards and customer letters. Business does not extend beyond its clients to impact broader economy, industry, or American public welfare.

Business professional in innovation ecosystem development claimed extraordinary ability through six criteria. AAO found only one criterion met (judging). Memberships lacked outstanding achievement requirement; published materials did not substantively address petitioner; original contributions insufficiently documented. Record did not establish sustained national acclaim.

Restaurant entrepreneur seeks EB-1A extraordinary ability classification. Petitioner met at least three regulatory criteria but AAO affirmed denial, holding that meeting criteria alone does not establish extraordinary ability. Evidence lacked sufficient quality and probative value to demonstrate sustained national acclaim and placement among the very top.

Civil engineer and entrepreneur sought NIW for EB-2 advanced degree to operate a real estate technology startup focused on affordable housing. AAO found endeavor lacked national importance because record did not sufficiently demonstrate prospective impact at national or industry level, and petitioner was not well-positioned to advance it.

Co-owner of bakery specializing in Brazilian sweets seeks EB-1A extraordinary ability classification. Applicant claimed six criteria including awards, membership, and judging. AAO found applicant met none of three required initial criteria because awards and judging experience were in culinary arts not business, and association membership did not demonstrate outstanding achievements in business field.

Truck driver and entrepreneur sought NIW for transportation and logistics venture. AAO dismissed, finding proposed endeavor lacks national importance despite acknowledging substantial merit. Without first prong satisfied, Dhanasar analysis terminates and second and third prongs need not be reached.