Published AAO appeal decisions

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.

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.

Entrepreneur in insurance and pet services sought NIW as EB-2 advanced degree holder. Proposed pet care business partnered with insurers. AAO adopted Director's denial, finding endeavor lacked national importance; reiterating benefits of profession insufficient and specific business impact must extend beyond clientele.

General operations manager sought EB-2 with national interest waiver to operate acai fruit bowl and smoothie franchise kiosks. AAO found substantial merit but no national importance; proposed venture lacked size or scope to significantly impact economy or employment regionally or nationally.

Construction management entrepreneur seeking EB-2 with national interest waiver. Petitioner lacked categorical eligibility for EB-2 and failed first Dhanasar prong by shifting proposed endeavors, preventing analysis of substantial merit and national importance. Appeal dismissed.

Logistics analyst with military background sought NIW for proposed management consulting firm to hire 32 U.S. workers. AAO dismissed appeal, finding proposed endeavor lacks the national importance required under Dhanasar's first prong; general alignment with industry goals and nominal economic growth are insufficient.

Entrepreneur seeking EB-2 with national interest waiver for startup business involving lead-sharing platform and customer development research. AAO rejected claim that endeavor has national importance, finding applicant provided no independent evidence demonstrating how project would impact any locality or nation overall.

A trucking company owner sought EB-2 national interest waiver for a specialized vehicle transport business. The AAO dismissed the appeal, finding the proposed endeavor lacked demonstrated national importance, as petitioner failed to show industry-wide impact or substantial economic effects beyond serving particular clients.

Tourism industry professional sought EB-2 national interest waiver for sustainable tourism company. Petitioner established substantial merit and advanced degree eligibility but failed to demonstrate specific endeavor has national importance; general field importance and alignment with climate initiatives insufficient.

Entrepreneur with master's degree seeking NIW for antique cargo transport business. AAO affirmed denial because the proposed endeavor lacked sufficient evidence demonstrating national importance; generic industry importance and projected revenue were insufficient to show prospective national-level impact.

Self-petitioner, entrepreneur in transportation, sought EB-2 NIW to operate a freight trucking business. AAO held the proposed endeavor lacks national importance under Dhanasar's first prong because it would not substantially impact the industry or economy beyond the petitioner's employees and clients.

Chef and entrepreneur seeks EB-2 NIW for culinary field ventures. AAO held proposed endeavor was vague, mixing consulting, social projects, and teaching without specificity. Culinary background did not demonstrate positioning for business management or consulting, failing Dhanasar prongs one and two.

Self-petitioner, project manager and entrepreneur in technology transfer, sought EB-2 with NIW. Claimed ability to establish consulting business facilitating technology commercialization. AAO affirmed denial because proposed endeavor lacked national importance; industry reports addressed sector broadly, not specific business impact.

Self-petitioner entrepreneur seeks national interest waiver to operate used car dealership in Texas or Florida. AAO held proposed endeavor lacked national importance under Dhanasar first prong because it offered no broader implications beyond applicant's business and no substantial positive economic effects, thus failing to establish NIW eligibility.

Professional with advanced degree developing a business sought EB-2 with national interest waiver. The AAO affirmed the director's finding that petitioner failed to demonstrate national importance of her specific business endeavor, as she did not show it would sufficiently impact relevant industries or the broader U.S. economy.

Tourism entrepreneur sought EB-2 NIW. AAO dismissed after finding petitioner lacks required five years post-degree work experience and proposed endeavor lacks national importance. Specific endeavor too vague; general tourism industry importance insufficient.

Brazilian entrepreneur seeking NIW under EB-2 proposing multiple U.S. businesses including educational and elevator enterprises. AAO found substantial merit but no national importance; projected revenues and job creation insufficient; social benefits lack national-scale implications. Appeal dismissed.

General and operations manager seeking NIW for home flipping company. Met substantial merit requirement but failed national importance prong. AAO dismissed appeal, finding petitioner showed general industry importance but not specific endeavor impact on regional or national economy at level contemplated by Dhanasar.

Self-employed real estate businessperson sought EB-2 national interest waiver for sustainable affordable housing venture. AAO dismissed appeal because petitioner failed to establish EB-2 qualification as advanced degree professional and because proposed endeavor lacked demonstrated national importance despite addressing affordable housing crisis.

Mining entrepreneur with 30 years experience sought NIW claiming self-employment in mining and entrepreneurship. AAO dismissed because petitioner lacked five years of progressive post-baccalaureate experience qualifying him for EB-2 advanced degree, and failed to demonstrate national importance of his proposed mining venture.