Published AAO appeal decisions

A CEO of an aquaculture company transitioning from decades in information technology claims extraordinary ability. He claimed four criteria, but the AAO held only one was satisfied. The decision ruled his IT accomplishments lack nexus to his stated aquaculture field and rejected his scholarly article as unrelated.

A nonprofit employer sought NIW for its senior advisor in humanitarian food security and livelihoods work. AAO affirmed dismissal because beneficiary's specific monitoring and evaluation role lacked broader field implications; humanitarian importance of organization insufficient for national importance of individual endeavor.

Veterinarian entrepreneur seeks EB-2 NIW to establish veterinary medicine business and develop patient software. Petitioner claimed endeavor addresses disease prevention and generates jobs, but failed to demonstrate national importance. AAO found endeavor lacks requisite prospective impact beyond company and clientele; dismissed appeal because it does not rise to level of national importance.

Agribusiness consultant with advanced degree in zootechnics proposed starting a consulting company for sustainable farming and animal breeding. AAO held the proposed endeavor lacks national importance because services are individualized to specific clients without broader field implications.

A nutritionist with advanced degree sought NIW for self-employment in school cafeteria consulting and nutritional training. AAO dismissed because the proposed endeavor lacked demonstrated national importance; general industry importance and educational benefits insufficient under Dhanasar.

Food engineer with advanced degree seeking national interest waiver for EB-2 classification. Director approved underlying EB-2 but denied NIW, finding no national importance to proposed endeavor. AAO affirmed that petitioner's work advising individual food manufacturers lacks sufficient prospective impact on meat processing industry to meet Dhanasar's first prong.

An agribusiness consultant with exceptional ability sought NIW. The AAO confirmed exceptional ability eligibility through three criteria but dismissed the appeal, finding the proposed consulting business providing research and marketing services lacked national importance; sustainability and food security claims were unsupported by documentation showing prospective field-wide or broad economic impact.

An agricultural engineer with a doctorate sought EB-2 classification with national interest waiver to conduct soft skills and values training through workshops. The AAO affirmed EB-2 eligibility but dismissed, finding the proposed endeavor lacked national importance as training activities would not sufficiently impact the field broadly at national level.

A food safety consultant sought national interest waiver as advanced degree professional. The AAO agreed the food safety consulting endeavor has substantial merit but found insufficient evidence demonstrating national importance, as submitted evidence addressed the importance of the field generally rather than the petitioner's specific proposed work.

Operation manager in food retail sought EB-2 classification as individual of exceptional ability with NIW. AAO held she failed to demonstrate exceptional ability by meeting at least three evidentiary criteria, and therefore did not establish underlying EB-2 eligibility; Dhanasar prongs not addressed.

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.