Published AAO appeal decisions

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.

An entrepreneur from Uzbekistan with a master's degree sought an EB-2 national interest waiver for an independent transportation business using IT expertise. The AAO affirmed dismissal because the proposed endeavor lacked demonstrated national importance despite having substantial merit, lacking credible economic impact.

Supply chain manager and entrepreneur proposes consulting and training services for soybean processing. AAO held proposed endeavor has substantial merit but lacks national importance; petitioner failed to establish substantial economic effects or workforce impact beyond regional direct clients.

An entrepreneur in education sought EB-2 NIW to bridge educational exchanges between Brazil and United States. AAO affirmed denial, finding the proposed endeavor lacked demonstrated national importance despite claimed substantial merit. No specific evidence showed impact beyond prospective clients.

An entrepreneur seeking EB-2 classification with a national interest waiver filed a self-petition. The AAO dismissed the appeal of a motion to reconsider without reaching the merits, finding the beneficiary merely resubmitted the same arguments previously rejected rather than establishing error in the prior decision on motion.

Logistician and entrepreneur sought EB-2 NIW to establish domestic trucking logistics business. AAO dismissed appeal, holding proposed endeavor lacked national importance despite substantial merit; job projections lacked corroboration and scope insufficient for broader industry impact.

An entrepreneur and CEO qualified for EB-2 with advanced degree but sought national interest waiver for her proposed venture capital consulting firm. AAO found the endeavor lacked specificity, corroboration, and sufficient evidence of national importance, rejecting claims of employment potential and economic impact under Dhanasar.

A Brazilian barbecue equipment manufacturer and CEO claimed seven EB-1A criteria. The AAO found he did not meet at least five of the claimed criteria, including membership and original contributions, and therefore failed to establish the required three criteria threshold.

A telecommunications business manager self-petitioning for NIW sought EB-2 as individual of exceptional ability. The AAO found the proposed endeavor of integrating AI and IoT in telecommunications had substantial merit but lacked demonstrated national importance. The decision dismissed because petitioner failed to show specific national-level impact beyond his company.

Entrepreneur developing smart parking facilities sought EB-2 NIW for U.S. business. AAO held the venture has substantial merit and petitioner is well-positioned to advance it, but the specific proposed endeavor lacks national importance; benefits limited to local economic activity and HUB Zone designation does not equate to economically depressed area.

An entrepreneur with advanced degree operating a trucking and financial consulting business sought a national interest waiver under the Dhanasar framework. The AAO affirmed denial because the proposed endeavor failed the first prong: while having substantial merit, the petitioner did not establish national importance, as business impact did not extend beyond immediate clients.

Production engineering entrepreneur sought EB-2 NIW for digital marketing and mobile application consultancy. AAO dismissed third motion to reopen and reconsider, finding petitioner failed to establish EB-2 eligibility and national importance through repeated arguments without new evidence.

An entrepreneur sought EB-2 NIW to establish a sustainable tourism consulting firm for small and medium-sized tourism businesses. The AAO dismissed, finding the proposed endeavor has substantial merit but rejecting claims of national importance, noting the petitioner confused industry importance with endeavor-specific impact.

Entrepreneur claimed nine EB-1A criteria but met only two, short of three required. AAO withdrew contradictory SCOPS findings on awards and membership, rejected published material claim, but found petitioner met the threshold. Matter remanded for final merits determination on whether evidence shows sustained acclaim and top-tier status.

Entrepreneur sought EB-2 national interest waiver for eco-friendly furniture manufacturing and consulting business. This is a second motion to reconsider a prior dismissal. The AAO dismissed, finding the petitioner failed to demonstrate the prior appellate decision misapplied Dhanasar framework; economic activity from the proposed endeavor remained too localized.

A chief executive officer and entrepreneur seeks EB-1A classification claiming published material, awards, and membership criteria. The AAO withdrew the service center's favorable finding on published material, rejected awards and membership claims for insufficient evidence, and found the petitioner failed to meet the threshold of three qualifying criteria.

A general manager and entrepreneur in China's building materials industry seeking EB-1A classification claimed four criteria but met only two. The AAO found his awards lacked national or international recognition and his contributions, while claimed, were not proven to be original and majorly significant.

Nautical operations specialist seeks NIW for maritime training academy. AAO held the proposed endeavor has substantial merit but lacks national importance; petitioner failed to demonstrate prospective impact, sustainable business model, or how his academy would address claimed personnel shortage on a national scale.

Technology entrepreneur in hospitality industry sought EB-1A extraordinary ability. Claimed nine evidentiary criteria but failed to meet minimum three. AAO dismissed, finding venture capital funding inadequately documented and membership criterion not properly established; other criteria not analyzed as threshold requirement not met.

A telecommunications CEO and entrepreneur sought an EB-2 classification with a national interest waiver, planning a company to deploy telecom infrastructure in rural and underserved areas. The AAO dismissed the appeal because the endeavor's benefits were too attenuated to show national importance, and it did not reach the other prongs.

Urban planner sought NIW under EB-2 to start consulting company for sustainable modular housing and disaster relief. AAO found substantial merit but dismissed because petitioner did not establish national importance, failing to show how his services would impact the industry beyond local scope.

A real estate and urban development entrepreneur sought EB-2 classification as an individual of exceptional ability, with a national interest waiver. The AAO dismissed the appeal, finding fewer than three of the six regulatory criteria met, and reserved the final merits and Dhanasar questions as unnecessary to decide.

Self-petitioner logistician proposes founding supply chain resilience business with focus on job creation and economic impact, claims headquarter location in Pennsylvania economically distressed area. AAO dismissed because petitioner failed to establish national importance; undefined specific location prevents assessing whether economic effects target depressed regions; unreliable financial projections.