Published AAO appeal decisions

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.

Business entrepreneur established Texas company, seeks EB-1A. Met scholarly articles criterion only. Claimed membership, published material, and five other criteria. AAO found membership criterion unmet; published material (Russia 24 interview) not established as major media. Only one criterion met; appeal dismissed.

Entrepreneur seeks NIW for EB-2 to develop fitness training equipment company. Petitioner claimed endeavor had national importance by promoting economic development and exports. AAO held proposed work failed Dhanasar prong one: insufficient evidence showed national importance or substantial economic benefits beyond the company itself. Appeal dismissed.

Entrepreneur in business and logistics sought EB-1A extraordinary ability. Director found no criteria met. AAO analyzed only awards criterion, rejecting them as company awards not individual recognition. First prong failed; remaining claimed criteria not analyzed. Appeal dismissed.

E-commerce gourmet meal delivery CEO sought EB-1A extraordinary ability. Employer-petitioner showed beneficiary met published materials and leading role criteria. AAO dismissed because only two criteria met and no major award, finding insufficient evidence of sustained national or international acclaim.

Entrepreneur sought NIW waiver for EB-2 advanced degree in fast food restaurant business. Petitioner demonstrated advanced degree and substantial merit of business plan with growth potential and job creation claims. AAO found business lacks documented significant potential to employ U.S. workers or substantial positive economic effects necessary for national importance determination.

An entrepreneur with an advanced degree sought a national interest waiver to open automotive retail businesses in Florida. The AAO found his proposed endeavor had substantial merit but lacked national importance because it would not extend beyond his business and customers to benefit the broader economy or industry.

Self-petitioner entrepreneur in real estate and commercial business seeks NIW. Claimed substantial merit of proposed ventures but failed to demonstrate national importance. AAO found no evidence of broad field impact, significant job creation potential, or economic effects reaching national scale.

Technology entrepreneur claimed extraordinary ability in business. Director found two criteria met; petitioner claimed three on appeal. AAO affirmed two criteria met (leading role, high salary) but rejected published material for translation deficiencies and original contributions for lack of major field impact. Appeal dismissed for insufficient criteria.

CEO and founder of consumer electronics company sought NIW under Dhanasar framework. AAO found his entrepreneurial endeavor had substantial merit and he was well positioned to advance it, but insufficient evidence demonstrated national importance. Appeal dismissed because first prong unmet.

A thoroughbred horse breeder sought EB-1A classification in business. The petitioner demonstrated three criteria: published material on major media, judging of horse breeding suitability, and original contributions through breeding champion horses and introducing new bloodlines. The aggregate record established sustained national and international acclaim as someone at the very top of the field. Appeal sustained.

Co-founder of mini-grid electrical company sought EB-1A classification in business. Claimed multiple criteria including leading role, published material, and judging. AAO held three criteria met and final merits satisfied through evidence of speaking invitations, conference participation, and expert recognition.

The petitioner, a cook who invested in a restaurant, sought classification as an employment creation investor, not extraordinary ability. The director found no qualifying investment of lawfully obtained funds and no required job creation. The AAO summarily dismissed the appeal because no error was identified and new evidence was not considered.

An inventor and consultant in packaging and industrial machines claimed extraordinary ability through awards, memberships, media coverage, patents, and institutional roles. The AAO found awards and memberships met but rejected published material, original contributions lacking sustained national impact evidence, and leading role. Only two criteria satisfied; innovations lacked proven sustained national recognition despite company use. Appeal dismissed.