Published AAO appeal decisions

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.

A caviar business owner claiming extraordinary ability sought EB-1A classification based on sustainable aquaculture practices. The AAO dismissed the appeal, finding the petitioner failed to meet the major award threshold or three alternate criteria. Membership criterion was not met due to lack of documented personal membership; original contributions criterion failed as company success alone does not demonstrate field-wide significance.

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.

An entrepreneur in the digital exhibition field sought EB-1A classification. The service center accepted that the initial evidentiary criteria were satisfied, including membership, press coverage, judging, articles and a leading role, but denied at the final merits step. The AAO dismissed the appeal because the evidence did not place her among the field's top percentage.

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.

Social entrepreneur assisting artisans in Pakistan seeking EB-1A extraordinary ability classification. Petitioner claimed five evidentiary criteria but met only one. AAO held petitioner did not satisfy minimum three criteria required; appeal dismissed without final merits determination.

Real estate developer and project manager sought NIW for affordable and senior housing development using prefabricated construction. AAO held proposed endeavor lacked sufficient specificity regarding implementation, funding, location, and concrete steps taken, preventing meaningful evaluation of national importance.

Engineering project manager and entrepreneur seeking NIW for EB-2 advanced degree classification. AAO affirmed dismissal, finding the business plan's staffing and revenue projections inadequately explained and generic industry articles insufficient to demonstrate the specific endeavor's national importance.