Published AAO appeal decisions

An environmental manager with advanced degree seeks NIW for environmental sustainability and compliance company. Claimed alignment with federal environmental initiatives and national importance. AAO dismissed appeal, finding specific proposed endeavor lacks national importance; general field importance and unsupported revenue projections insufficient to demonstrate broader implications or substantial economic impact.

IT education entrepreneur sought EB-2 NIW classification. Petitioner claimed substantial merit and national importance of his proposed business venture. AAO found the specific proposed endeavor lacked sufficient prospective impact, broader implications, employment potential, or economic effects to demonstrate national importance, dismissing the appeal.

Self-petitioner proposes special education business for children, claims EB-2 advanced degree professional eligibility and national interest waiver. AAO affirmed denial, finding petitioner lacks required five years post-baccalaureate experience in specialty and therefore fails underlying EB-2 qualification, making NIW analysis unnecessary.

Self-petitioner in pilot training education sought NIW as EB-2 advanced degree professional. AAO dismissed appeal, affirming director's finding that proposed endeavor lacked national importance under Dhanasar's first prong, as applicant failed to demonstrate sufficient economic impact or job creation beyond individual clients.

Self-petitioner aspiring franchise broker sought EB-2 NIW. Claimed experience in automotive repair and past franchisee involvement qualified him to operate franchise brokerage targeting foreign investors. AAO held proposed endeavor lacked sufficient evidence of national importance; petitioner's niche background did not demonstrate positioning to advance multi-industry franchise brokerage.

An entrepreneur in aviation supply seeks EB-2 NIW to develop military aircraft spare parts. The AAO found her MBA qualified her as advanced degree professional and the endeavor had substantial merit, but dismissed because she failed to demonstrate national importance. She relied on industry importance rather than showing specific broad impact of her particular business.

An information technology entrepreneur seeks NIW for a software update company expected to create jobs and provide training. Claimed national importance based on job creation and training. AAO dismissed appeal, finding proposed endeavor lacks national importance; business projections unsupported by evidence and training impact not shown to have broader implications beyond participants.

Entrepreneur seeking NIW for corporate event production consultancy in Florida. Claimed substantial merit and national importance but failed to demonstrate that the specific endeavor would impact the field broadly or produce substantial economic effects beyond basic local business activity.

An inventor and entrepreneur sought EB-2 exceptional ability classification and NIW. The AAO affirmed denial because petitioner failed to meet three of six exceptional ability criteria and lacked ten years full-time experience. Without EB-2 eligibility, NIW was unreachable and petition remains denied.

Executive and business owner seeking NIW claimed his beverage manufacturing and distribution endeavor addresses obesity and has national importance. AAO held the endeavor lacks national importance because it would not demonstrate broad benefits or economic impacts beyond specific business operations.

Self-petitioner quality control analyst and entrepreneur in pet apparel sought EB-2 NIW. Submitted business plan, experience records, and recommendation letters. AAO found endeavor had substantial merit but lacked national importance; claimed job creation and economic benefits were not corroborated; industry importance differs from specific endeavor importance.

Self-petitioner in event planning and ethnic supermarket business claims national interest waiver under EB-2. AAO affirmed denial: endeavor has substantial merit but lacks evidence of national importance. Proposed services insufficient to demonstrate prospective impact meeting national importance standard.

Self-petitioner, entrepreneur in mining consulting, sought NIW for proposed endeavor serving mining companies. Claimed business plan, contracts, and opinion letters establish national importance. AAO dismissed appeal because record did not show specific endeavor has national importance; focused on generalized industry information rather than substantive impact beyond petitioner's prospective company.

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.

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.

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.

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.