Published AAO appeal decisions

An auto repair entrepreneur claimed exceptional ability through three regulatory criteria and sought a national interest waiver. The AAO affirmed dismissal, finding the degree unrelated to auto repair, insufficient ten-year experience evidence, and no demonstrated expertise significantly above the field, failing the prerequisite exceptional ability test.

Entrepreneur with nursing background in medical device sales seeks NIW. Claimed medical sales endeavor has national importance despite prior success and field contributions. AAO dismissed, finding no showing of broader field implications, scientific advancement, or substantial economic effects beyond direct service recipients.

Travel agency owner seeking NIW to market tourism packages attracting Brazilian travelers to U.S. locations. Supported claims with industry reports on travel and tourism significance. AAO dismissed, finding that importance of travel industry and intended customer marketing do not establish national importance of petitioner's specific proposed endeavor.

Self-employed entrepreneur proposing an aesthetician clinic claimed substantial merit and national importance for a national interest waiver. AAO held the proposed endeavor lacks national importance because it would not impact the medical aesthetics field or societal welfare beyond serving individual clinic clients.

An entrepreneur seeking EB-2 classification with NIW for a drop-shipping cotton towel and clothing business claimed the endeavor has national importance based on articles about immigrant entrepreneurship and economic growth. The AAO dismissed the appeal, finding the petitioner failed to establish that the specific proposed endeavor would have substantial prospective impact or extend beyond serving individual company clients to affect the field nationally.

Self-employed entrepreneur in janitorial services sought EB-2 exceptional ability classification and national interest waiver. AAO held petitioner failed to establish exceptional ability, lacking three of six required criteria including relevant advanced degree, ten years documented experience, and professional association membership.

Entrepreneur in industrial furniture manufacturing seeking EB-2 exceptional ability and NIW. Claimed four exceptional ability criteria. AAO found petitioner met ten-year experience criterion but failed high salary and professional membership criteria; client satisfaction letters did not demonstrate industry recognition. Appeal dismissed; NIW prongs not addressed.

An HVAC business owner sought EB-2 classification as an advanced degree professional or exceptional ability individual, with a national interest waiver. The AAO dismissed the appeal because the petitioner did not show an advanced degree and met only one of six exceptional ability criteria, so the waiver question was reserved.

CEO event planner sought EB-2 exceptional ability classification and national interest waiver. AAO held she failed to qualify for underlying EB-2 as advanced degree professional or individual of exceptional ability because membership in professional associations did not demonstrate exceptional ability and she did not meet three of six regulatory criteria.

A logistics entrepreneur appealed dismissal of motions to reopen and reconsider a denied national interest waiver petition. The AAO affirmed dismissal, finding the change in intended operations reflected ineligibility, and evidence did not establish national importance, adequate positioning, or balanced benefit to the U.S.

An advanced-degree entrepreneur-investor seeking EB-2 NIW to establish a U.S. business claimed to create 53 jobs and generate $5.17 million in wages. The AAO dismissed the appeal, finding recommendation letters and industry articles do not establish national importance of the specific proposed endeavor; broader field importance differs from prospective impact of the petitioner's business.

CEO of beverage company manufacturing energy drinks claimed extraordinary ability status. AAO held petitioner satisfied only one of ten required evidentiary criteria (published materials) but failed to establish three minimum; insufficient evidence of national or international acclaim or recognition in field.

An information technology entrepreneur sought EB-2 exceptional ability classification and a national interest waiver. The AAO withdrew the Director's favorable findings on some criteria, concluded the petitioner did not satisfy the minimum number of threshold criteria, skipped the final merits step, and reserved the Dhanasar analysis, dismissing the appeal.

Entrepreneur proposed manufacturing sustainable, reusable packaging solutions for small and medium enterprises. AAO found endeavor has substantial merit but dismissed appeal because petitioner failed to establish national importance; evidence documented field value, not specific prospective impact of her company beyond individual clients on national economy or environmental goals.

Supply chain entrepreneur sought NIW to operate logistics platform for construction and manufacturing. AAO dismissed appeal, finding the proposed endeavor lacks national importance; petitioner provided insufficient evidence of broad field impact, did not demonstrate superiority over existing solutions, and lacked corroborating expert letters or government documentation of strategic relevance.

An audiovisual services business owner seeks NIW. Claimed the Dhanasar three-prong test. The AAO held the first prong—national importance—not met: the business lacks broader field implications or significant economic impact beyond specific clients and employees.

A nutritional supplement entrepreneur sought EB-2 with NIW. The AAO found he lacked five years of progressive post-degree experience required for advanced degree equivalency. On NIW merits, his proposed business showed substantial merit but not national importance; job creation of seven positions lacked adequate explanation of substantial positive economic effects.

Technology marketing manager proposed to open a lumber retailer importing from Brazil, claiming job creation and trade benefits. AAO dismissed appeal because the petitioner failed to establish national importance: revenue forecasts conflicted, no evidence showed significant U.S. worker employment or regional economic impact, and claimed trade benefits lacked substantiation.

A truck driver and shipping executive sought EB-2 national interest waiver for a Florida freight shipping company. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance despite industry driver shortages, as petitioner submitted only industry-wide evidence without demonstrating his specific business's national impact.

Petitioner pivoted from craftsmanship to propose freight transportation business following COVID-19 pandemic supply chain disruptions. AAO affirmed denial, finding industry importance insufficient and proposed business's specific endeavor lacked national importance; employment and revenue projections too speculative.

A financial services entrepreneur with an advanced degree sought EB-2 NIW to operate a transportation enterprise in Florida. The AAO affirmed dismissal because the proposed endeavor did not demonstrate national importance: it lacked evidence of broader field impact or substantial economic benefits beyond the regional market.

An IT entrepreneur sought EB-2 classification and a national interest waiver for an online learning platform business. The AAO affirmed denial because the petitioner failed to demonstrate national importance of the specific proposed endeavor under Dhanasar's first prong, despite industry relevance.

CEO and entrepreneur in transportation security with law degree seeks EB-2 NIW. Claimed advanced degree eligibility (met) and national interest waiver under Dhanasar. AAO dismissed because petitioner failed to show he was well-positioned to advance the proposed endeavor, lacking evidence of prior entrepreneurial success or customer and investor interest.

A general and operations manager seeking EB-2 with national interest waiver to operate an HVAC company. AAO dismissed appeal because petitioner failed to establish that the specific endeavor had national importance despite demonstrating substantial merit; claims about general industry need and economic benefits were unsupported by probative evidence.

Entrepreneur in restaurant industry seeking NIW based on exceptional ability. Claimed national importance through industry's economic significance and job creation. AAO held endeavor lacks national importance because industry importance is insufficient, no improved operational methods shown, and impact limited to organization and customers without broader industry or economy influence.