Published AAO appeal decisions

A truck driver and shipping executive sought EB-2 national interest waiver for a Florida freight shipping company. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance despite industry driver shortages, as petitioner submitted only industry-wide evidence without demonstrating his specific business's national impact.

Petitioner pivoted from craftsmanship to propose freight transportation business following COVID-19 pandemic supply chain disruptions. AAO affirmed denial, finding industry importance insufficient and proposed business's specific endeavor lacked national importance; employment and revenue projections too speculative.

A financial services entrepreneur with an advanced degree sought EB-2 NIW to operate a transportation enterprise in Florida. The AAO affirmed dismissal because the proposed endeavor did not demonstrate national importance: it lacked evidence of broader field impact or substantial economic benefits beyond the regional market.

An IT entrepreneur sought EB-2 classification and a national interest waiver for an online learning platform business. The AAO affirmed denial because the petitioner failed to demonstrate national importance of the specific proposed endeavor under Dhanasar's first prong, despite industry relevance.

CEO and entrepreneur in transportation security with law degree seeks EB-2 NIW. Claimed advanced degree eligibility (met) and national interest waiver under Dhanasar. AAO dismissed because petitioner failed to show he was well-positioned to advance the proposed endeavor, lacking evidence of prior entrepreneurial success or customer and investor interest.

A general and operations manager seeking EB-2 with national interest waiver to operate an HVAC company. AAO dismissed appeal because petitioner failed to establish that the specific endeavor had national importance despite demonstrating substantial merit; claims about general industry need and economic benefits were unsupported by probative evidence.

Entrepreneur in restaurant industry seeking NIW based on exceptional ability. Claimed national importance through industry's economic significance and job creation. AAO held endeavor lacks national importance because industry importance is insufficient, no improved operational methods shown, and impact limited to organization and customers without broader industry or economy influence.

Self-petitioner military entrepreneur sought EB-2 NIW for company selling military equipment and consulting. AAO held his foreign bachelor's degree lacked equivalency to U.S. baccalaureate, rendering him ineligible for EB-2 advanced degree classification; NIW prongs not reached.

Entrepreneur in logistics operations sought NIW as EB-2 advanced degree professional, proposing to establish a freight transport company. AAO dismissed appeal, finding petitioner lacked five years progressive experience and proposed endeavor lacked national importance despite job creation and revenue claims.

Entrepreneur seeking NIW for retail shoe store business with supply chain focus. AAO dismissed because petitioner failed to establish national importance: proposed sale of shoes lacked broader implications for supply chains at national level, and job creation projections did not demonstrate prospective economic effects commensurate with national importance.

Entrepreneur in business development seeks NIW under EB-2 advanced degree or exceptional ability for cellphone accessory business. AAO affirmed denial: business lacks national importance despite employment and tax projections; employment figures insufficient to show substantial impact on regional or national job creation.

Entrepreneur with advanced degree sought NIW to work as general operations manager in real estate. AAO found petitioner failed to establish the proposed endeavor has national importance and made conflicting statements about its focus. Appeal dismissed as petitioner did not adequately contest Director's adverse finding on first prong.

Construction and trucking entrepreneur sought NIW to expand company in Florida, creating 90 jobs in economically challenged counties. AAO dismissed appeal; although proposed work has substantial merit, it lacks national importance because it impacts specific company and clients, not the industry or field more broadly.

Chef and entrepreneur seeking EB-2 with NIW for healthy food restaurant and nutrition consulting business in Florida. AAO found substantial merit in health-focused entrepreneurial endeavor but no national importance; business lacks significant employment potential or economic effects to demonstrate national-level impact.

A mechanical engineer/entrepreneur seeks EB-2 classification and national interest waiver to open a microbrewery in New Jersey focused on sustainable brewing practices and equipment optimization. He claimed promotion of independent brewers and environmental innovation. The AAO found he did not establish national importance: no concrete evidence of prospective economic impact, employment generation, or meaningful industry-wide influence.

Entrepreneur self-petitioned for EB-2 NIW to establish PPE import-export business reducing reliance on China. AAO affirmed denial, finding endeavor has substantial merit but petitioner conflated importance of international trade and PPE industries with specific business endeavor's prospective impact.

A trucking entrepreneur seeks NIW for expanding his trucking company. The AAO dismissed the appeal, finding the endeavor lacks national importance despite job creation projections; national truck driver shortage alone is insufficient, and the business shows no original innovations or broader field implications.

An environmental manager with advanced degree seeks NIW for environmental sustainability and compliance company. Claimed alignment with federal environmental initiatives and national importance. AAO dismissed appeal, finding specific proposed endeavor lacks national importance; general field importance and unsupported revenue projections insufficient to demonstrate broader implications or substantial economic impact.

IT education entrepreneur sought EB-2 NIW classification. Petitioner claimed substantial merit and national importance of his proposed business venture. AAO found the specific proposed endeavor lacked sufficient prospective impact, broader implications, employment potential, or economic effects to demonstrate national importance, dismissing the appeal.

Self-petitioner proposes special education business for children, claims EB-2 advanced degree professional eligibility and national interest waiver. AAO affirmed denial, finding petitioner lacks required five years post-baccalaureate experience in specialty and therefore fails underlying EB-2 qualification, making NIW analysis unnecessary.

Self-petitioner in pilot training education sought NIW as EB-2 advanced degree professional. AAO dismissed appeal, affirming director's finding that proposed endeavor lacked national importance under Dhanasar's first prong, as applicant failed to demonstrate sufficient economic impact or job creation beyond individual clients.

Self-petitioner aspiring franchise broker sought EB-2 NIW. Claimed experience in automotive repair and past franchisee involvement qualified him to operate franchise brokerage targeting foreign investors. AAO held proposed endeavor lacked sufficient evidence of national importance; petitioner's niche background did not demonstrate positioning to advance multi-industry franchise brokerage.

An entrepreneur in aviation supply seeks EB-2 NIW to develop military aircraft spare parts. The AAO found her MBA qualified her as advanced degree professional and the endeavor had substantial merit, but dismissed because she failed to demonstrate national importance. She relied on industry importance rather than showing specific broad impact of her particular business.

An information technology entrepreneur seeks NIW for a software update company expected to create jobs and provide training. Claimed national importance based on job creation and training. AAO dismissed appeal, finding proposed endeavor lacks national importance; business projections unsupported by evidence and training impact not shown to have broader implications beyond participants.

Entrepreneur in toy sales and rental business sought EB-2 classification as individual of exceptional ability and national interest waiver. AAO dismissed appeal because petitioner failed to establish exceptional ability by meeting at least three of six criteria; Dhanasar framework analysis was reserved.