Published AAO appeal decisions

Entrepreneur in forest nurseries and environmental conservation sought EB-2 NIW. AAO dismissed appeal, finding the proposed forest restoration endeavor has substantial merit but lacks national importance because petitioner did not demonstrate sufficient prospective impact beyond the field's inherent importance.

A wholesale and retail food distributor with advanced degree sought NIW. AAO found substantial merit in the proposed endeavor but concluded it lacks national importance because benefits remain confined to the petitioner's customers without reaching regional or national economic significance.

A food engineer sought an EB-2 classification with a national interest waiver. The AAO dismissed the appeal because the petitioner did not document five years of progressive post-baccalaureate experience or show the foreign degree equals a U.S. bachelor's degree. The Dhanasar prongs were therefore reserved and not decided.

Food industry management consultant and chef sought EB-2 national interest waiver. AAO dismissed because petitioner failed to establish exceptional ability under any EB-2 criterion and did not establish national importance of proposed endeavor; business impact limited to own company.

An entrepreneur running an agricultural advisory business sought EB-2 classification as an individual of exceptional ability together with a national interest waiver. The AAO dismissed the appeal because the petitioner did not satisfy three of the six exceptional ability criteria, and it reserved the Dhanasar prongs as unnecessary to decide.

Agronomist engineer sought EB-2 advanced degree classification and NIW. AAO affirmed denial because proposed endeavor lacked national importance; petitioner failed to articulate specific projects or goals beyond routine occupational duties that would demonstrate broader industry impact.

Entrepreneur in frozen fruit distribution sought EB-2 with national interest waiver. Qualified as advanced degree professional but failed first Dhanasar prong. Endeavor lacks sufficient national importance; evidence of frozen fruit industry demand does not demonstrate specific endeavor has broader field implications.

Veterinarian sought EB-2 NIW for K9 detection dog veterinary services business. While endeavor had substantial merit and petitioner held advanced degree and demonstrated competence, the proposed work would not impact veterinary medicine industry or economy beyond serving specific clients.

Agricultural technician with advanced degree sought NIW for EB-2 to operate halal-certified farm. AAO dismissed appeal because the proposed farm endeavor lacked national importance; it would not significantly employ U.S. workers or extend beyond individual clientele to impact agriculture broadly, despite substantial merit.

An agricultural and construction consultant with an advanced degree sought EB-2 NIW to start a consulting company. The AAO dismissed the appeal because the petitioner failed to demonstrate the proposed endeavor had substantial merit and national importance, lacking specific evidence of prospective impact beyond serving individual clients.

A veterinarian assistant proposes opening a veterinary clinic in Texas. The AAO found the endeavor had substantial merit but lacked national importance, as it would serve only local clients without broader field impact. Appeal dismissed under the first prong of Dhanasar.

Researcher with advanced degree proposes endeavor on mathematical modeling for food safety and water pollution. Petitioner established substantial merit and national importance of proposed research. Failed second prong: published work heavily self-cited, lacking independent recognition from relevant parties needed to show capacity to advance endeavor.

Entrepreneur with hotel and restaurant management degree sought EB-2 national interest waiver for ice cream business venture. AAO dismissed appeal because petitioner lacked five years of progressive post-baccalaureate experience in the specialty; ineligible for underlying EB-2 classification, thus Dhanasar framework not reached.

Environmental scientist and entrepreneur seeking NIW for waste management and residential compost business. Claimed national importance based on job creation and environmental benefits. AAO affirmed denial, finding proposed endeavor lacks national importance; employment of one to four full-time workers and limited revenue insufficient to demonstrate national impact.

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.

Plant researcher seeking EB-2 with national interest waiver for plant propagation research. AAO affirmed denial because petitioner failed to describe specific proposed endeavor and did not show how his individual work would impact the broader field at national level.

Entrepreneur with environmental sustainability focus seeks NIW under exceptional ability classification. Proposed business combines recycling with farm consulting services. AAO dismissed appeal, finding the endeavor lacked sufficient specificity, detail, and evidence of national importance; inconsistencies in proposal unaddressed.

A wholesale agricultural products company sought national interest waiver for a beneficiary. The AAO dismissed the appeal because the beneficiary failed to meet exceptional ability requirements and did not establish well-positioning to advance the proposed endeavor or that waiver would benefit the United States.