Published AAO appeal decisions

Entrepreneur developing smart parking facilities sought EB-2 NIW for U.S. business. AAO held the venture has substantial merit and petitioner is well-positioned to advance it, but the specific proposed endeavor lacks national importance; benefits limited to local economic activity and HUB Zone designation does not equate to economically depressed area.

An entrepreneur with advanced degree operating a trucking and financial consulting business sought a national interest waiver under the Dhanasar framework. The AAO affirmed denial because the proposed endeavor failed the first prong: while having substantial merit, the petitioner did not establish national importance, as business impact did not extend beyond immediate clients.

Production engineering entrepreneur sought EB-2 NIW for digital marketing and mobile application consultancy. AAO dismissed third motion to reopen and reconsider, finding petitioner failed to establish EB-2 eligibility and national importance through repeated arguments without new evidence.

An entrepreneur sought EB-2 NIW to establish a sustainable tourism consulting firm for small and medium-sized tourism businesses. The AAO dismissed, finding the proposed endeavor has substantial merit but rejecting claims of national importance, noting the petitioner confused industry importance with endeavor-specific impact.

Entrepreneur sought EB-2 national interest waiver for eco-friendly furniture manufacturing and consulting business. This is a second motion to reconsider a prior dismissal. The AAO dismissed, finding the petitioner failed to demonstrate the prior appellate decision misapplied Dhanasar framework; economic activity from the proposed endeavor remained too localized.

Nautical operations specialist seeks NIW for maritime training academy. AAO held the proposed endeavor has substantial merit but lacks national importance; petitioner failed to demonstrate prospective impact, sustainable business model, or how his academy would address claimed personnel shortage on a national scale.

A telecommunications CEO and entrepreneur sought an EB-2 classification with a national interest waiver, planning a company to deploy telecom infrastructure in rural and underserved areas. The AAO dismissed the appeal because the endeavor's benefits were too attenuated to show national importance, and it did not reach the other prongs.

A product development manager and entrepreneur with advanced degree seeking EB-2 classification and national interest waiver. Abandoned initial proposed endeavor after RFE and presented alternative without sufficient development. AAO held inconsistent endeavor presentation prevented meaningful Dhanasar analysis and failed first prong requiring substantial merit and national importance.

Urban planner sought NIW under EB-2 to start consulting company for sustainable modular housing and disaster relief. AAO found substantial merit but dismissed because petitioner did not establish national importance, failing to show how his services would impact the industry beyond local scope.

A real estate and urban development entrepreneur sought EB-2 classification as an individual of exceptional ability, with a national interest waiver. The AAO dismissed the appeal, finding fewer than three of the six regulatory criteria met, and reserved the final merits and Dhanasar questions as unnecessary to decide.

Self-petitioner logistician proposes founding supply chain resilience business with focus on job creation and economic impact, claims headquarter location in Pennsylvania economically distressed area. AAO dismissed because petitioner failed to establish national importance; undefined specific location prevents assessing whether economic effects target depressed regions; unreliable financial projections.

A barber and entrepreneur sought EB-2 classification with national interest waiver. The AAO affirmed the service center's denial, finding the petitioner failed to establish national importance of his proposed barber business ventures, which lacked substantial positive economic effects beyond local impact.

Entrepreneurial producer and director in information technology seeks NIW for EB-2 exceptional ability classification. Petitioner met only one of six regulatory criteria; three required. AAO held petitioner categorically ineligible for EB-2, so NIW determination not reached.

Entrepreneur seeking EB-2 with national interest waiver for establishing engineering solutions company for automotive sector claimed substantial merit and national importance. AAO dismissed because the endeavor lacked demonstrated national importance beyond company and clients.

Entrepreneur founding a trucking business claimed exceptional ability and NIW. AAO found the law degree did not relate to exceptional ability, the commercial driver license did not demonstrate professional practice, salary evidence was lacking, and the purported professional association was not verified, making the petitioner ineligible for the underlying classification and therefore ineligible for NIW.

Food waste management entrepreneur sought EB-2 NIW classification with advanced degree. Petitioner claimed innovative sustainable solutions would have national importance. AAO held proposed endeavor insufficiently defined and fails first prong because scope unclear, innovative tools undefined, and competitive advantages undemonstrated compared to existing market offerings.

Entrepreneur in logistics sector sought EB-2 NIW. Petitioner claimed her business would improve US competitiveness and economic performance. AAO dismissed, finding the endeavor lacks national importance despite occurring in important sector; mere establishment in an important industry is insufficient without documented substantial economic impact.

Entrepreneur seeking NIW for EB-2 as advanced degree professional to operate digital marketing firm. AAO found substantial merit but insufficient evidence of national importance; claimed economic impact and job creation unsubstantiated. Appeal dismissed; second and third prongs not addressed.

Self-petitioner entrepreneur in digital information transformation seeks NIW for EB-2 classification. He claimed his business addressing digital economy complexities has national importance. AAO affirmed denial because petitioner failed to demonstrate national importance; working in important field insufficient; no proof of broad impact or significant job creation potential.

An entrepreneur sought a national interest waiver for EB-2 classification with an advanced degree. The AAO found he failed to establish that his proposed construction sector venture has national importance, lacking sufficient evidence of prospective economic impact or job creation. The appeal was dismissed without analyzing the remaining Dhanasar prongs.

Self-petitioner maintenance engineer proposes eco-friendly maintenance consulting company claiming economic importance and job creation. AAO dismissed because petitioner failed to establish national importance; proposed company lacks broader field impact; projected 23 jobs and business profits insufficient for substantial national economic effects.

A project manager in mining industry sought NIW for EB-2 advanced degree classification. The AAO found the proposed endeavor lacked substantial national importance under Dhanasar, noting projected revenue and job creation did not establish operation at the level of national significance. Appeal dismissed.

An entrepreneurship professor sought EB-2 NIW for teaching and training programs. The AAO found the endeavor had substantial merit but lacked national importance because the evidence showed only local educational impact, not broader field implications or substantial economic effects needed for national interest.

An equestrian entrepreneur sought EB-2 advanced degree classification and NIW. The AAO dismissed the appeal, finding the proposed equestrian business lacked national importance despite substantial merit, with only modest local employment and economic projections insufficient for national-level impact.

Entrepreneur with advanced degree seeking EB-2 NIW for sustainable agriculture business development. AAO affirmed denial because proposed endeavor lacks national importance despite substantial merit. Job creation and economic projections insufficient without supporting evidence of broader prospective impact.