Published AAO appeal decisions

An entrepreneur proposing to establish an HVAC company sought EB-2 exceptional ability classification with a national interest waiver. The Director denied him for failing to qualify as an exceptional ability professional and did not analyze the Dhanasar framework. The AAO dismissed, finding he did not meet the evidentiary threshold for exceptional ability and thus could not qualify for the underlying EB-2 classification, making Dhanasar analysis unnecessary.

Sales executive and entrepreneur sought EB-2 with national interest waiver for medical supply consulting business. AAO affirmed denial, finding petitioner not well-positioned to advance endeavor despite meeting first prong. Insufficient evidence of success in U.S. market or customer interest.

Entrepreneur seeking EB-2 as individual of exceptional ability with NIW for marketing consulting and e-commerce business. AAO held only two of six exceptional ability criteria met; petitioner failed to demonstrate at least three required criteria. Underlying EB-2 eligibility not established; appeal dismissed.

Automotive bodywork technician sought EB-2 exceptional ability classification with national interest waiver. AAO affirmed dismissal, finding petitioner did not establish exceptional ability despite meeting three of six criteria. Final merits determination required showing expertise significantly above ordinary level.

An entrepreneur with advanced degree in finance seeks an NIW for EB-2 to establish a trucking and logistics business with a mobile application for cargo handling. The AAO dismissed because the proposed endeavor lacks national importance; initial description was vague and business plan claims were unsubstantiated without specific product or credible financial projections.

Entrepreneur sought EB-2 NIW for entrepreneurial and consulting services, including online application. Claimed substantial merit and national importance. AAO agreed on substantial merit but found no national importance: proposed work lacks broad field impact; projections of three to five jobs and revenue insufficient for national economic significance.

An entrepreneur seeking EB-2 national interest waiver to manage a water purification company. AAO held the proposed endeavor lacks national importance because evidence addressed the importance of the water treatment industry generally, not the specific business venture proposed.

A trucking entrepreneur sought EB-2 and NIW. AAO dismissed appeal, finding substantial merit in the proposed business but no national importance. The applicant failed to document financing capability, realistic employment potential, or broader field implications.

An entrepreneur holding advanced degree seeks an NIW for EB-2 to operate a hydraulic equipment distribution company as sole distributor in Florida. The AAO dismissed because his specific endeavor lacks national importance; no evidence demonstrates prospective impact beyond company operations, significant job creation potential, or substantial positive economic effects at regional or national level.

Interior design entrepreneur sought EB-2 NIW classification. She claimed her endeavor would provide valuable services to clients and contribute to U.S. competitiveness and economy. AAO held her proposed work lacks national importance because she showed no prospective impact on her field, real estate and construction industries, or economy broadly, and offered no evidence of significant job creation or substantial positive economic effects.

Automobile interior restorer with advanced degrees in industrial design sought EB-2 NIW classification after establishing his own manufacturing business. AAO held the petitioner failed to demonstrate national importance of his specific endeavor, as local employment and economic benefits to car dealerships and suppliers did not establish broader impact on the field or economy commensurate with national interest.

Digital marketer and entrepreneur seeking EB-2 NIW to operate marketing and business consulting business. AAO held proposed endeavor lacks national importance because providing specific services to prospective clients, even citing professional shortage, does not establish broader impact required by Dhanasar.

Brazilian entrepreneur with advanced degree sought EB-2 NIW to establish cleaning business. AAO found petitioner qualified as advanced degree professional with substantial merit business plan. However, cleaning business lacked national importance despite COVID-19 pandemic prevention argument. Appeal dismissed.

Entrepreneur sought EB-2 exceptional ability with NIW. AAO dismissed appeal finding petitioner met only two of required three criteria: academic record and membership. Petitioner failed to demonstrate license criterion applied and recognition for achievements; Dhanasar analysis not reached.

An entrepreneur planning a trucking business sought EB-2 exceptional ability classification with a national interest waiver. The AAO agreed he met fewer than three initial criteria, due to insufficient evidence of experience, licensure, salary and membership. The waiver itself was not decided, so this is not a Dhanasar decision.

Physical education instructor sought EB-2 with national interest waiver to operate a fitness training company. AAO affirmed denial, finding the proposed endeavor lacked substantial merit and national importance. No evidence demonstrated growth projections, industry impact, or original innovations in fitness and wellness.

Entrepreneur and business developer sought EB-2 with national interest waiver for multiple business ventures. AAO affirmed denial because proposed endeavor lacked national importance under Dhanasar; petitioner failed to demonstrate prospective impact beyond company operations or substantial national economic benefits.

Self-petitioner entrepreneur in wellness industry sought EB-2 NIW. Advanced degree requirement met. AAO dismissed appeal, finding proposed sports nutrition business expansion lacked substantial national importance; endeavor too narrow, without demonstrated impact on field broadly or economically depressed areas.

Entrepreneur with advanced degree seeking NIW for EB-2 classification for supermarket and auto sales business. AAO dismissed appeal because petitioner failed to establish that specific proposed endeavor has national importance; unsupported assertions about job creation and innovation do not meet burden of proof.

Entrepreneur sought NIW for medical device sales and distribution company. AAO dismissed appeal, finding the proposed endeavor lacked national importance because it showed only local/client-specific benefits, insufficient job creation, and no industry-wide implications needed to meet Dhanasar first prong.

Entrepreneur seeking EB-2 with NIW for consulting services. AAO held petitioner lacks both advanced degree equivalency and substantive national importance for proposed endeavor; consulting services limited to small clientele without broader economic impact. Appeal dismissed.

Entrepreneur seeking EB-2 NIW for e-commerce accessory and clothing business claimed endeavor had national importance through job creation and sustainable practices. AAO held proposed endeavor lacks national importance because it would impact only company employees and specific customers, not the industry broadly, and applicant failed to demonstrate substantial positive economic effects at national level.

A tourism entrepreneur sought EB-2 classification with national interest waiver. The AAO affirmed she lacked an advanced degree equivalent and satisfied only one of six exceptional ability criteria. As she failed to qualify for underlying EB-2, the Dhanasar analysis was not reached.

Entrepreneur with bakery industry experience seeks NIW for EB-2 advanced degree classification. Proposed continuing entrepreneurship and consulting in baking and pastry equipment or real estate brokerage. AAO dismissed appeal, finding proposed endeavor lacks national importance; evidence showed petitioner's skills and past effectiveness but no documentation of prospective broader impact or significant job creation potential.

Entrepreneur with twelve years business and technology experience seeks EB-2 NIW. Claimed business development and real estate technology solutions have national importance. AAO held proposed endeavor lacks national importance despite having substantial merit; low business revenue and absence of broader implications fail to demonstrate national benefit.