Published AAO appeal decisions

Aquacultural engineer with advanced degree seeking EB-2 NIW. Proposed consultancy providing services to aquaculture industry. AAO dismissed, finding endeavor lacked national importance under Dhanasar first prong; no evidence of substantial economic impact, job creation, or broader industry influence.

General and operations manager seeking NIW for healthy fast-food restaurant business. Established EB-2 eligibility but failed to demonstrate national importance of proposed endeavor. AAO held specific business lacks broader implications or substantial economic effects needed for national interest.

Agricultural finance consultant sought EB-2 with NIW for consulting startup. AAO dismissed appeal, finding substantial merit but no national importance; business plan lacked specificity on services and demand; regional impact and industry importance insufficient without broad endeavor impact.

Food scientist with advanced degree sought EB-2 classification and national interest waiver. AAO dismissed appeal, finding petitioner qualified as advanced degree professional but failed to demonstrate proposed endeavor has national importance because specific research plans lack corroboration and projected economic impact remains unsubstantiated.

An agricultural sales representative seeking EB-2 national interest waiver for sales employment. AAO affirmed that proposed activities lack national importance despite projected job creation and increased agricultural product exports, because record failed to establish national significance or industry advancement.

Business administration specialist sought NIW under EB-2 for produce import and distribution endeavor. Petitioner claimed industry knowledge and hiring would demonstrate national importance. AAO held the specific endeavor lacks national importance; industry importance alone insufficient; projected economic benefits do not reach substantial national or regional economic effects required by Dhanasar.

A food innovation consultant with advanced degrees sought EB-2 NIW classification. The AAO agreed with the Director that the petitioner qualified as advanced degree professional with substantial merit, but held that her proposed food consulting and teaching activities lacked national importance, failing the first Dhanasar prong.

A postdoctoral researcher with a Ph.D. in horticulture sought an EB-2 national interest waiver to conduct research on HLB-resistant citrus. The Director found the endeavor had substantial merit and national importance but concluded she was not well positioned and the waiver would not benefit the U.S. The AAO sustained the appeal, finding all three Dhanasar prongs satisfied based on her expertise, documented successes, and significant horticultural and economic benefits.