Published AAO appeal decisions

Entrepreneur and business developer sought EB-2 with national interest waiver for multiple business ventures. AAO affirmed denial because proposed endeavor lacked national importance under Dhanasar; petitioner failed to demonstrate prospective impact beyond company operations or substantial national economic benefits.

Self-petitioner entrepreneur in wellness industry sought EB-2 NIW. Advanced degree requirement met. AAO dismissed appeal, finding proposed sports nutrition business expansion lacked substantial national importance; endeavor too narrow, without demonstrated impact on field broadly or economically depressed areas.

Entrepreneur with advanced degree seeking NIW for EB-2 classification for supermarket and auto sales business. AAO dismissed appeal because petitioner failed to establish that specific proposed endeavor has national importance; unsupported assertions about job creation and innovation do not meet burden of proof.

Entrepreneur sought NIW for medical device sales and distribution company. AAO dismissed appeal, finding the proposed endeavor lacked national importance because it showed only local/client-specific benefits, insufficient job creation, and no industry-wide implications needed to meet Dhanasar first prong.

Entrepreneur seeking EB-2 with NIW for consulting services. AAO held petitioner lacks both advanced degree equivalency and substantive national importance for proposed endeavor; consulting services limited to small clientele without broader economic impact. Appeal dismissed.

Entrepreneur seeking EB-2 NIW for e-commerce accessory and clothing business claimed endeavor had national importance through job creation and sustainable practices. AAO held proposed endeavor lacks national importance because it would impact only company employees and specific customers, not the industry broadly, and applicant failed to demonstrate substantial positive economic effects at national level.

A tourism entrepreneur sought EB-2 classification with national interest waiver. The AAO affirmed she lacked an advanced degree equivalent and satisfied only one of six exceptional ability criteria. As she failed to qualify for underlying EB-2, the Dhanasar analysis was not reached.

Entrepreneur with bakery industry experience seeks NIW for EB-2 advanced degree classification. Proposed continuing entrepreneurship and consulting in baking and pastry equipment or real estate brokerage. AAO dismissed appeal, finding proposed endeavor lacks national importance; evidence showed petitioner's skills and past effectiveness but no documentation of prospective broader impact or significant job creation potential.

Entrepreneur with twelve years business and technology experience seeks EB-2 NIW. Claimed business development and real estate technology solutions have national importance. AAO held proposed endeavor lacks national importance despite having substantial merit; low business revenue and absence of broader implications fail to demonstrate national benefit.

Entrepreneur sought EB-2 exceptional ability and NIW. AAO affirmed no advanced degree, found academic record but only one of six exceptional ability criteria met, insufficient for classification threshold. NIW analysis reserved as applicant ineligible for underlying EB-2 category.

An entrepreneur owning pizza restaurant chains sought EB-2 classification with national interest waiver. AAO dismissed the appeal, affirming the director's denial; though the endeavor had substantial merit and job creation potential, it failed to demonstrate national importance as required under Dhanasar framework.

A hospitality entrepreneur and bar professional sought extraordinary ability classification, claiming eight criteria. The Director accepted two, judging and leading role. The AAO agreed on those two but found the awards criterion unmet and deemed scholarly articles waived. It concluded that three criteria were not satisfied and that sustained acclaim was not shown.

Retail entrepreneur seeks EB-2 national interest waiver. Claimed three Dhanasar prongs but submitted only general professional plan without specific U.S. business establishment plans. AAO dismissed, finding substantial merit established but national importance not demonstrated, failing first prong. Second and third prongs not reached.

Entrepreneur and business executive sought EB-1A extraordinary ability. Met only one of three required criteria (published material about him). AAO rejected awards, membership, judging, and leading role claims. No major recognized award. Appeal dismissed for failure to meet initial evidentiary threshold.

An entrepreneur seeking EB-2 with NIW for an environmentally friendly cleaning products company in Florida claimed nineteen years of experience and unique expertise. The AAO affirmed denial, finding the proposed endeavor lacked national importance; it would not impact the industry broadly or substantially employ U.S. workers.

Entrepreneur with master's degree in business administration seeking EB-2 national interest waiver to own and operate trucking company. AAO dismissed appeal, finding substantial merit established but national importance not demonstrated; business impact limited to company clients without broader industry or economy-wide effects.

Self-employed entrepreneur proposing pet sitting, boarding, and dog walking services sought NIW under EB-2. AAO found the petitioner qualified as advanced degree professional but dismissed the appeal because the proposed endeavor lacks national importance, benefiting only a narrow customer base rather than the nation broadly.

Entrepreneur in real estate services sought EB-2 exceptional ability with national interest waiver. AAO held proposed endeavor lacked national importance; petitioner did not demonstrate prospective impact beyond his company or significant potential to employ workers or provide substantial positive economic effects nationally.

An entrepreneur sought EB-2 exceptional ability or advanced degree classification with a national interest waiver. The Director denied him because he lacked an advanced degree, and the Dhanasar framework was not satisfied. The AAO dismissed because the petitioner did not dispute the Director's findings and the appeal waived all three prongs; the AAO declined to reach exceptional ability arguments.

An entrepreneur with 25 years of business experience sought a national interest waiver for EB-2 classification, proposing to continue work advising agribusiness companies. The AAO dismissed the appeal because the proposed endeavor lacks national importance; petitioner provided no evidence that his work would impact the industry or economy beyond specific client businesses.

An entrepreneur seeking EB-2 classification with national interest waiver for a trucking business failed the first Dhanasar prong. The AAO found the proposed endeavor lacked demonstrated national importance despite industry relevance, as the petitioner showed no evidence the business would impact the broader freight transportation industry beyond his company's operations.

An advanced degree holder in frozen dessert production sought national interest waiver. Although the petitioner showed business growth potential and economic impact projections, the AAO found insufficient evidence that the endeavor would substantially benefit the regional or national economy or create significant U.S. employment.

An entrepreneur in the culinary and restaurant field sought EB-2 exceptional ability classification with a national interest waiver. The AAO withdrew the director's findings on experience letters and professional membership and rejected the salary and recognition criteria. It dismissed the appeal and did not analyze the waiver under Dhanasar.

A freight transportation entrepreneur sought EB-2 exceptional ability classification with a national interest waiver. The appeal was dismissed because the AAO withdrew the service center's findings on degree, license and membership criteria, since the degree was unrelated and the license and membership post-dated filing. The waiver framework was left unaddressed.

Entrepreneur claiming exceptional ability and national interest waiver presented inconsistent evidence about occupational field and job duties. AAO held petitioner failed to establish consistent occupational definition, met only one of six exceptional ability criteria, and thus lacked EB-2 eligibility, making waiver analysis unnecessary.