Published AAO appeal decisions

A business and content manager specializing in travel entrepreneurship sought NIW for EB-2 classification. The AAO affirmed dismissal, finding substantial merit but no national importance because his company's tourism services lacked sufficient scale or demonstrated impact on economically depressed areas.

An entrepreneur seeks EB-2 classification and national interest waiver to develop and market an eyewear protection device for disabled persons in Florida. He claimed job creation, product innovation, and societal welfare benefits. The AAO agreed the field is important but found his specific endeavor lacks national importance: no evidence of industry-wide impact, substantial employment potential, or measurable economic benefits beyond his company.

Entrepreneur proposes boat-building business in economically depressed area, seeking EB-2 exceptional ability or advanced degree classification and NIW. AAO affirmed denial because endeavor lacks national importance; local job creation and economic contribution insufficient without industry-wide advancement.

Real estate and construction entrepreneur sought NIW for affordable housing venture. AAO found substantial merit but no national importance. Company's local impact and job creation insufficient; claimed ripple effects and replicable methodology unsupported by documentary evidence of broader industry transformation.

A freight company owner sought EB-2 advanced degree classification and national interest waiver. USCIS found her qualified for EB-2 but the AAO held her proposed freight business lacked national importance under Dhanasar's first prong; business plan projections were insufficient to demonstrate significant economic or employment impact beyond the company.

Entrepreneur in industrial electronics sought exceptional ability classification and national interest waiver. AAO upheld director's finding that petitioner did not establish exceptional ability despite meeting three of six criteria; qualifications typical for average IT services provider. Did not address national interest waiver prongs as underlying EB-2 ineligibility was dispositive.

A marketing manager and entrepreneur sought NIW for a marketing services company claiming economic impact and job creation. AAO held proposed endeavor lacked national importance because petitioner did not demonstrate how her specific company would sufficiently impact the industry or economy beyond prospective clients.

An entrepreneur proposing affordable transportation solutions sought EB-2 with national interest waiver. The AAO dismissed the appeal because the petitioner inconsistently described the proposed endeavor between the initial petition and RFE response, preventing meaningful Dhanasar analysis.

Entrepreneur with MBA sought EB-2 NIW for affordable housing development in Florida. AAO dismissed appeal, finding endeavor has substantial merit but lacks national importance; petitioner failed to demonstrate projected job creation, economic impact, or original innovations beyond serving own clientele.

Event planning and travel industry entrepreneur with advanced degree seeking EB-2 NIW. Petitioner established substantial merit but failed to demonstrate national importance of proposed endeavor; HUBZone location and general economic benefit insufficient under Dhanasar framework.

Entrepreneur seeking EB-2 NIW for an eyewear e-commerce startup claimed substantial merit and national importance. The AAO found the venture had substantial merit but lacked evidence of national importance; industry statistics and business projections did not demonstrate broader prospective impact on the field, only personal economic benefit.

Brazilian entrepreneur with retail management background sought NIW as EB-2 exceptional ability applicant. AAO dismissed appeal because petitioner failed to meet three of six required exceptional ability criteria and materially changed proposed endeavor between filing and RFE response.

Sound engineering technician seeks national interest waiver for music studio business in Georgia. AAO held the proposed endeavor lacks national importance and the applicant is not well positioned to advance it, both required by Dhanasar framework, so waiver denied.

An entrepreneur, city councilor and philanthropist sought EB-1A classification, claiming six evidentiary criteria. The AAO found the awards, original contributions and scholarly articles criteria unmet, reserved two others, and concluded fewer than three criteria were satisfied. It dismissed the appeal without a formal final merits analysis.

Marketplace entrepreneur from Russia in e-commerce sought EB-1A extraordinary ability classification. Petitioner met only two of ten evidentiary criteria, failing to establish sustained national or international acclaim or intent to continue work in area of expertise in United States.

A trucking business owner and driver with a law degree sought EB-2 exceptional ability classification together with a national interest waiver. The AAO dismissed the appeal because the petitioner did not meet enough exceptional ability criteria, so the waiver prongs were never reached.

A real estate developer and entrepreneur sought EB-2 exceptional ability classification with national interest waiver for affordable housing development work. The AAO found the petitioner met none of the required six evidentiary criteria, including withdrawing the Director's findings on work experience, salary, and professional association membership. The appeal was dismissed.

Self-petitioner entrepreneur sought EB-2 NIW to provide consulting services and software system to small businesses. AAO dismissed appeal because the proposed endeavor lacked national importance, affecting only his company and clients, not the broader entrepreneurship or economy; personal statements lacked corroborating evidence.

An entrepreneur seeking EB-2 NIW for a freight trucking business claimed national interest based on job creation and economic growth. The AAO dismissed the appeal, finding the proposed endeavor lacked sufficient evidence of prospective impact extending beyond the company and its customers to demonstrate national importance.

A food service entrepreneur from Brazil sought NIW classification to establish a business in the United States. The AAO dismissed the appeal, finding the proposed endeavor lacked evidence of national importance required under Dhanasar, as it showed no significant potential to employ U.S. workers or generate substantial economic effects beyond the petitioner's prospective clientele.

Food industry entrepreneur lacks advanced degree and fails EB-2 exceptional ability criteria (zero of six). On NIW, record establishes substantial merit but lacks national importance; balancing test also fails due to insufficient evidence of job creation, urgency, and labor certification impracticality.

Self-petitioner in cargo transportation and logistics seeks EB-2 exceptional ability and NIW. AAO affirmed denial, finding petitioner failed three of six exceptional ability criteria: CDL postdated filing, salary documentation insufficient, professional membership lacked documentation. NIW not analyzed.

Aircraft mechanic seeking NIW for self-owned maintenance business. Claimed business would alleviate aviation mechanic shortage and provide training. AAO affirmed denial because proposed endeavor lacks national importance; one mechanic's operations insufficient to impact industry broadly or create substantial economic effects at national level.

An entrepreneur sought EB-2 classification with national interest waiver. The AAO dismissed the appeal, affirming the director's finding that the petitioner failed to establish the proposed endeavor's substantial merit and national importance under Dhanasar's first prong.

An entrepreneur seeks NIW for EB-2 proposing a transportation and logistics company with management solutions. The AAO affirmed denial, finding substantial merit but no national importance because the endeavor does not demonstrate sufficient economic impact or employment potential beyond his clientele.