Published AAO appeal decisions

Entrepreneur sought NIW waiver for EB-2 advanced degree in fast food restaurant business. Petitioner demonstrated advanced degree and substantial merit of business plan with growth potential and job creation claims. AAO found business lacks documented significant potential to employ U.S. workers or substantial positive economic effects necessary for national importance determination.

An entrepreneur with an advanced degree sought a national interest waiver to open automotive retail businesses in Florida. The AAO found his proposed endeavor had substantial merit but lacked national importance because it would not extend beyond his business and customers to benefit the broader economy or industry.

Self-petitioner entrepreneur in real estate and commercial business seeks NIW. Claimed substantial merit of proposed ventures but failed to demonstrate national importance. AAO found no evidence of broad field impact, significant job creation potential, or economic effects reaching national scale.

Technology entrepreneur claimed extraordinary ability in business. Director found two criteria met; petitioner claimed three on appeal. AAO affirmed two criteria met (leading role, high salary) but rejected published material for translation deficiencies and original contributions for lack of major field impact. Appeal dismissed for insufficient criteria.

CEO and founder of consumer electronics company sought NIW under Dhanasar framework. AAO found his entrepreneurial endeavor had substantial merit and he was well positioned to advance it, but insufficient evidence demonstrated national importance. Appeal dismissed because first prong unmet.

A thoroughbred horse breeder sought EB-1A classification in business. The petitioner demonstrated three criteria: published material on major media, judging of horse breeding suitability, and original contributions through breeding champion horses and introducing new bloodlines. The aggregate record established sustained national and international acclaim as someone at the very top of the field. Appeal sustained.

Co-founder of mini-grid electrical company sought EB-1A classification in business. Claimed multiple criteria including leading role, published material, and judging. AAO held three criteria met and final merits satisfied through evidence of speaking invitations, conference participation, and expert recognition.

The petitioner, a cook who invested in a restaurant, sought classification as an employment creation investor, not extraordinary ability. The director found no qualifying investment of lawfully obtained funds and no required job creation. The AAO summarily dismissed the appeal because no error was identified and new evidence was not considered.

An inventor and consultant in packaging and industrial machines claimed extraordinary ability through awards, memberships, media coverage, patents, and institutional roles. The AAO found awards and memberships met but rejected published material, original contributions lacking sustained national impact evidence, and leading role. Only two criteria satisfied; innovations lacked proven sustained national recognition despite company use. Appeal dismissed.