Published AAO appeal decisions

Marketing manager and entrepreneur with advanced degree sought NIW as self-petitioner to start business creating 23 jobs. AAO dismissed appeal, finding proposed endeavor has substantial merit but lacks national importance since benefits would not extend beyond organization to broader industry or field.

Technology entrepreneur sought EB-2 classification as individual of exceptional ability and NIW. Did not satisfy three required evidentiary criteria; failed to demonstrate ten years full-time experience, relevant license or certification, or comparable evidence. AAO dismissed appeal; NIW Dhanasar prongs reserved because petitioner ineligible for underlying EB-2 classification.

Entrepreneur in information technology proposing to own and operate an IT company seeking EB-2 national interest waiver. Claimed substantial merit and national importance. AAO held business plan lacked evidence of national scope and petitioner failed to demonstrate projected employment or economic benefits rose to national importance level.

Real estate entrepreneur holding advanced business degree sought EB-2 NIW for home construction investment business in Florida. Petitioner met second prong with relevant experience but failed first prong; projected business revenues and employment would not demonstrate national economic importance.

An occupational health and safety technician planning a workplace safety services business sought a national interest waiver with advanced degree classification. The AAO found no proof of a qualifying bachelor's-level degree and held that the endeavor, though meritorious, lacked demonstrated national importance. It reserved the remaining prongs and dismissed the appeal.

Entrepreneur sought EB-2 NIW to own and manage a pet food and grooming franchise. AAO dismissed the appeal, holding that the proposed endeavor lacks substantial merit and national importance because it does not demonstrate national or global field implications or substantial positive economic effects.

Entrepreneur in bakery industry seeking NIW for EB-2 claimed exceptional ability and proposed endeavor has national importance. AAO held petitioner failed to meet any of six exceptional ability criteria, so NIW prongs were not reached and decision reserved.

Exercise physiologist entrepreneur sought NIW for fitness company offering classes to general and special-needs populations. AAO affirmed denial, finding benefits lacked national importance; impacts limited to direct service users and employees without broader field implications.

An entrepreneur sought EB-2 exceptional ability classification and NIW. The AAO dismissed the appeal after the petitioner abandoned arguments challenging the Director's finding that he did not qualify for underlying EB-2 classification, making NIW analysis unnecessary.

Culinary entrepreneur with advanced degree sought NIW for specialty cake market business. AAO dismissed because the petitioner, despite 16 years entrepreneurial experience and substantial merit, failed to show national importance; independent bakery does not impact culinary arts broadly enough.

Food service manager and entrepreneur sought EB-2 NIW to establish bakery in Florida featuring Brazilian cuisine. Claimed substantial merit and national importance. AAO found industry important but proposed endeavor lacked national importance: independent bakery lacks prospective impact beyond customers; insufficient evidence of economic effects.

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.