Published AAO appeal decisions

Food industry entrepreneur lacks advanced degree and fails EB-2 exceptional ability criteria (zero of six). On NIW, record establishes substantial merit but lacks national importance; balancing test also fails due to insufficient evidence of job creation, urgency, and labor certification impracticality.

Self-petitioner in cargo transportation and logistics seeks EB-2 exceptional ability and NIW. AAO affirmed denial, finding petitioner failed three of six exceptional ability criteria: CDL postdated filing, salary documentation insufficient, professional membership lacked documentation. NIW not analyzed.

Aircraft mechanic seeking NIW for self-owned maintenance business. Claimed business would alleviate aviation mechanic shortage and provide training. AAO affirmed denial because proposed endeavor lacks national importance; one mechanic's operations insufficient to impact industry broadly or create substantial economic effects at national level.

An entrepreneur sought EB-2 classification with national interest waiver. The AAO dismissed the appeal, affirming the director's finding that the petitioner failed to establish the proposed endeavor's substantial merit and national importance under Dhanasar's first prong.

An entrepreneur seeks NIW for EB-2 proposing a transportation and logistics company with management solutions. The AAO affirmed denial, finding substantial merit but no national importance because the endeavor does not demonstrate sufficient economic impact or employment potential beyond his clientele.

Entrepreneur in insurance and pet services sought NIW as EB-2 advanced degree holder. Proposed pet care business partnered with insurers. AAO adopted Director's denial, finding endeavor lacked national importance; reiterating benefits of profession insufficient and specific business impact must extend beyond clientele.

General operations manager sought EB-2 with national interest waiver to operate acai fruit bowl and smoothie franchise kiosks. AAO found substantial merit but no national importance; proposed venture lacked size or scope to significantly impact economy or employment regionally or nationally.

Construction management entrepreneur seeking EB-2 with national interest waiver. Petitioner lacked categorical eligibility for EB-2 and failed first Dhanasar prong by shifting proposed endeavors, preventing analysis of substantial merit and national importance. Appeal dismissed.

Logistics analyst with military background sought NIW for proposed management consulting firm to hire 32 U.S. workers. AAO dismissed appeal, finding proposed endeavor lacks the national importance required under Dhanasar's first prong; general alignment with industry goals and nominal economic growth are insufficient.

Entrepreneur seeking EB-2 with national interest waiver for startup business involving lead-sharing platform and customer development research. AAO rejected claim that endeavor has national importance, finding applicant provided no independent evidence demonstrating how project would impact any locality or nation overall.

A trucking company owner sought EB-2 national interest waiver for a specialized vehicle transport business. The AAO dismissed the appeal, finding the proposed endeavor lacked demonstrated national importance, as petitioner failed to show industry-wide impact or substantial economic effects beyond serving particular clients.

Tourism industry professional sought EB-2 national interest waiver for sustainable tourism company. Petitioner established substantial merit and advanced degree eligibility but failed to demonstrate specific endeavor has national importance; general field importance and alignment with climate initiatives insufficient.

Entrepreneur in trucking industry sought EB-2 advanced degree classification and national interest waiver. AAO found petitioner did not establish eligibility as advanced degree professional or individual of exceptional ability, lacking sufficient evidentiary criteria and documented work experience.

Entrepreneur with master's degree seeking NIW for antique cargo transport business. AAO affirmed denial because the proposed endeavor lacked sufficient evidence demonstrating national importance; generic industry importance and projected revenue were insufficient to show prospective national-level impact.