Published AAO appeal decisions

Business entrepreneur established Texas company, seeks EB-1A. Met scholarly articles criterion only. Claimed membership, published material, and five other criteria. AAO found membership criterion unmet; published material (Russia 24 interview) not established as major media. Only one criterion met; appeal dismissed.

Entrepreneur seeks NIW for EB-2 to develop fitness training equipment company. Petitioner claimed endeavor had national importance by promoting economic development and exports. AAO held proposed work failed Dhanasar prong one: insufficient evidence showed national importance or substantial economic benefits beyond the company itself. Appeal dismissed.

Entrepreneur in business and logistics sought EB-1A extraordinary ability. Director found no criteria met. AAO analyzed only awards criterion, rejecting them as company awards not individual recognition. First prong failed; remaining claimed criteria not analyzed. Appeal dismissed.

E-commerce gourmet meal delivery CEO sought EB-1A extraordinary ability. Employer-petitioner showed beneficiary met published materials and leading role criteria. AAO dismissed because only two criteria met and no major award, finding insufficient evidence of sustained national or international acclaim.

Entrepreneur sought NIW waiver for EB-2 advanced degree in fast food restaurant business. Petitioner demonstrated advanced degree and substantial merit of business plan with growth potential and job creation claims. AAO found business lacks documented significant potential to employ U.S. workers or substantial positive economic effects necessary for national importance determination.

An entrepreneur with an advanced degree sought a national interest waiver to open automotive retail businesses in Florida. The AAO found his proposed endeavor had substantial merit but lacked national importance because it would not extend beyond his business and customers to benefit the broader economy or industry.

Self-petitioner entrepreneur in real estate and commercial business seeks NIW. Claimed substantial merit of proposed ventures but failed to demonstrate national importance. AAO found no evidence of broad field impact, significant job creation potential, or economic effects reaching national scale.