Published AAO appeal decisions

An entrepreneur in the culinary and restaurant field sought EB-2 exceptional ability classification with a national interest waiver. The AAO withdrew the director's findings on experience letters and professional membership and rejected the salary and recognition criteria. It dismissed the appeal and did not analyze the waiver under Dhanasar.

A freight transportation entrepreneur sought EB-2 exceptional ability classification with a national interest waiver. The appeal was dismissed because the AAO withdrew the service center's findings on degree, license and membership criteria, since the degree was unrelated and the license and membership post-dated filing. The waiver framework was left unaddressed.

Entrepreneur claiming exceptional ability and national interest waiver presented inconsistent evidence about occupational field and job duties. AAO held petitioner failed to establish consistent occupational definition, met only one of six exceptional ability criteria, and thus lacked EB-2 eligibility, making waiver analysis unnecessary.

Individual initially claimed entrepreneur status via luxury car service; later asserted agriculture field. AAO found occupational field description inconsistent and insufficient; could not determine exceptional ability level. Failed to meet EB-2 threshold; NIW analysis declined as issue dispositive.

An entrepreneur sought EB-2 NIW classification as advanced degree professional or exceptional ability individual. The AAO affirmed the Director's denial, finding insufficient evidence of advanced degree requirements and failure to meet three exceptional ability criteria. National interest waiver was not analyzed.

An advanced degree professional proposed a personalized fitness and wellness business. The AAO found substantial merit but rejected national importance, concluding the endeavor lacked broader implications beyond servicing individual clients and would not provide substantial economic effects to merit a waiver.

A general and operations manager and self-founder of a freight transportation company sought a national interest waiver for EB-2 classification. The AAO dismissed the appeal because the proposed endeavor lacks national importance; it does not demonstrate national or global implications or substantial positive economic effects beyond specific clients.

Entrepreneur seeking national interest waiver for EB-2 advanced degree classification claimed endeavor in business consulting or biodegradable cleaning products. AAO dismissed appeal because petitioner provided inconsistent and insufficient evidence of proposed endeavor, failing first prong of Dhanasar by not demonstrating national importance or broader implications.

Real estate developer sought EB-1A extraordinary ability classification. Initial approval was revoked. AAO held petitioner failed to demonstrate eligibility because she did not provide clear evidence that she would continue work as real estate developer in United States; supporting documents were undated, illegible, or belonged to spouse.

Sustainable development professional sought EB-1A extraordinary ability classification. Claimed five criteria but established none. Did not prove receipt of recognized awards, published material about his work, or display at artistic venues. AAO found no sustained national or international acclaim or evidence of rising to very top of field, dismissing appeal.

An entrepreneur seeking EB-2 NIW classification failed to establish advanced degree status and exceptional ability. The AAO found his proposed endeavor in food service entrepreneurship and business advisory services lacked national importance. The specific work would not impact the field or restaurant industry broadly and showed no significant potential for U.S. job creation.

Entrepreneur with advanced degree sought NIW for proposed real estate and business holding company. AAO affirmed dismissal, finding the ventures lack the national importance required under Dhanasar's first prong. Submitted generalized economic articles did not demonstrate substantial positive economic effects rising to national importance level.

An entrepreneur and real estate developer seeks NIW for EB-2 based on business development and project management skills in real estate. The AAO dismissed, finding the proposed endeavor lacks national importance; developing 20 housing units in one Florida location does not have prospective impact commensurate with national importance or substantial positive economic effects.

An entrepreneur claiming exceptional ability and NIW sought to provide IT and business services. The AAO affirmed dismissal, finding his proposed endeavor had substantial merit but lacked national importance and would not impact the IT industry broadly or create substantial economic effects.

An entrepreneur seeking EB-2 NIW classification made willful misrepresentations about work experience, employment dates, and business achievements. The AAO found material falsifications regarding employment with companies and patented technologies that contradicted tax returns and prior statements. The petition was dismissed without addressing the Dhanasar framework.

Business owner seeking NIW for supply chain management consulting in Florida. Claimed substantial merit and national importance for supply chain services supporting hose industry. AAO dismissed because proposed endeavor lacked demonstrated national importance beyond personal business benefit; applicant changed core business plan after filing.

Real estate developer seeking NIW to operate affordable housing company using 3D-printed modular construction. Petitioner established substantial merit but failed to demonstrate national importance; development lacks evidence of broader economic impact or industry advancement beyond company clientele.

Business owner entrepreneur seeking national interest waiver to waive job offer requirement for EB-2 classification. Claimed endeavor in business administration had substantial merit and petitioner was well positioned to advance it, but proposed work lacked evidence of national importance, particularly regarding U.S. worker employment potential. Appeal dismissed.

An entrepreneur claimed EB-2 advanced degree and exceptional ability status with national interest waiver. AAO found petitioner lacked qualifying advanced degree and did not establish exceptional ability. Proposed endeavor failed Dhanasar first prong; business activities lacked national importance.

An entrepreneur sought EB-2 as advanced degree holder or exceptional ability person with national interest waiver. The AAO found no advanced degree, rejected exceptional ability (unmet criteria), and dismissed the NIW claim under Dhanasar because the first prong failed: his business income and employment gains did not establish substantial merit or national importance.

Self-petitioned entrepreneur in real estate investment and development sought national interest waiver under Dhanasar. Petitioner claimed proposed endeavor had substantial merit and national importance through economic growth and job creation. AAO found proposed work lacks national importance; expansion limited to petitioner's own companies without broader field or industry impact.

Self-petitioner entrepreneur seeking NIW on EB-2 petition. Claimed proposed business development and advisory work has national importance through job creation and economic benefit. AAO dismissed appeal, finding the specific endeavor lacks national importance under Dhanasar first prong, as work would not extend beyond petitioner's company and clients to impact the field broadly.

Entrepreneur in logistics sought EB-2 exceptional ability classification and national interest waiver. Director denied petition, finding petitioner satisfied only two of required three exceptional ability criteria. AAO upheld Director's determination that petitioner lacked full-time employment documentation for ten-year requirement and dismissed appeal; NIW issue rendered moot.

Self-petitioner entrepreneur seeking NIW for real estate investment and consulting business. Claimed substantial merit and national importance under Dhanasar. AAO dismissed appeal, finding proposed endeavor lacks requisite national importance; work confined to petitioner's company and specific clientele without broader field or economic impact.

Real estate and construction entrepreneur seeking EB-2 with national interest waiver. Petitioner qualified for EB-2 as advanced degree professional but failed NIW first prong: proposed entrepreneurial services in real estate lacked demonstrated national importance; assertions about economically depressed areas and job creation unsupported by credible business plan.