Published AAO appeal decisions

An aviation pilot and entrepreneur sought NIW to develop flight planning software for general aviation. The AAO dismissed the appeal, finding insufficient evidence of national importance; the proposed endeavor's benefits appeared limited to the petitioner's startup without demonstrating broader impacts on the aviation industry or economy.

CEO seeking NIW for eco-friendly manufacturing startup claimed national importance of his business venture. AAO held the endeavor lacks broader field-level impact, representing only routine company-specific benefit insufficient for NIW, distinguishing meaningful national importance from merely important work.

Chief operating officer of NSF-funded fire suppression technology startup seeking EB-2 NIW. Qualified for underlying EB-2. AAO affirmed denial of first Dhanasar prong: while fire suppression field is important, petitioner's specific operational work lacks national importance beyond employer benefits and does not broadly impact the industry.

Production engineer and entrepreneur sought EB-2 NIW for consultancy business. AAO found petitioner qualified as advanced degree professional but rejected endeavor's national importance. Consultancy services lacked sufficient prospective impact on industry or economy; job creation projections insufficiently detailed. Appeal dismissed.

Architectural designer seeking NIW for patented panelized housing system business claiming national importance addressing housing shortage and sustainability. AAO found substantial merit but not national importance, as evidence did not establish prospective national-level impact beyond company operations or how work would significantly impact depressed areas.

Entrepreneur in trucking and logistics sought EB-2 NIW for truck business management consulting firm in Florida. AAO dismissed, holding proposed endeavor lacked national importance; general alignment with government initiatives and industry importance insufficient without evidence of specific innovations.

An EB-2 applicant seeking national interest waiver filed a third motion to reconsider after prior dismissals. The AAO dismissed the motion because petitioner merely disagreed with conclusions without identifying legal or policy errors as required for reconsideration. Underlying petition remained denied.

General manager and logistician in delivery and transportation sought EB-2 with national interest waiver. AAO found substantial merit in endeavor but dismissed appeal because petitioner failed to demonstrate national importance of his specific business beyond local clientele.

Entrepreneur and operations manager proposing eco-friendly swimwear manufacturing and distribution business claiming national interest waiver. AAO dismissed appeal, finding endeavor lacks national importance; sustainability claims vague and speculative, niche market focus insufficient for material influence on industry or economy at national scale.

Entrepreneur seeks national interest waiver for EB-2 classification but lacks required advanced degree or proven exceptional ability. AAO held she failed to establish advanced degree eligibility and that her proposed endeavor lacks national importance; serves underserved clients but lacks broader field impact, accomplishments, or demonstrated track record.

An entrepreneur in language education and cultural immersion training sought an EB-2 NIW. The AAO agreed the endeavor had merit but found it lacked the specific detail, evidence, and prospective impact necessary to establish national importance under Dhanasar's first prong, which is dispositive.

Dog food chef and luxury pet boutique co-owner sought EB-2 national interest waiver. AAO affirmed USCIS denial, finding petitioner's dog food business lacks national importance despite business awards and customer letters. Business does not extend beyond its clients to impact broader economy, industry, or American public welfare.

Product engineer with MBA sought EB-2 national interest waiver for electric vehicle consulting business. AAO held proposed endeavor lacked national importance under Dhanasar; articles about EV industry and government policy did not establish petitioner's specific endeavor would sufficiently impact the market or economy. Appeal dismissed.

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.

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 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.