Published AAO appeal decisions

Agribusiness executive from Brazil seeking NIW for consulting role improving U.S. agribusiness efficiency. Claimed prior seed industry experience and professional expertise. AAO dismissed, finding proposed endeavor lacks defined scope and appreciable national impact; benefits of labor certification process outweigh petitioner's contributions.

A truck driver seeking EB-2 with NIW to operate an independent cargo trucking and storage business. Claimed the endeavor had substantial merit and national importance and that he was well positioned to advance it. AAO dismissed, finding the first prong lacked adequate evidentiary support and the second prong was not established.

A logistics entrepreneur appealed dismissal of motions to reopen and reconsider a denied national interest waiver petition. The AAO affirmed dismissal, finding the change in intended operations reflected ineligibility, and evidence did not establish national importance, adequate positioning, or balanced benefit to the U.S.

CEO and entrepreneur in transportation security with law degree seeks EB-2 NIW. Claimed advanced degree eligibility (met) and national interest waiver under Dhanasar. AAO dismissed because petitioner failed to show he was well-positioned to advance the proposed endeavor, lacking evidence of prior entrepreneurial success or customer and investor interest.

Entrepreneur seeking NIW for retail shoe store business with supply chain focus. AAO dismissed because petitioner failed to establish national importance: proposed sale of shoes lacked broader implications for supply chains at national level, and job creation projections did not demonstrate prospective economic effects commensurate with national importance.

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.