Published AAO appeal decisions

Self-petitioner, entrepreneur in transportation, sought EB-2 NIW to operate a freight trucking business. AAO held the proposed endeavor lacks national importance under Dhanasar's first prong because it would not substantially impact the industry or economy beyond the petitioner's employees and clients.

Chef and entrepreneur seeks EB-2 NIW for culinary field ventures. AAO held proposed endeavor was vague, mixing consulting, social projects, and teaching without specificity. Culinary background did not demonstrate positioning for business management or consulting, failing Dhanasar prongs one and two.

Self-petitioner, project manager and entrepreneur in technology transfer, sought EB-2 with NIW. Claimed ability to establish consulting business facilitating technology commercialization. AAO affirmed denial because proposed endeavor lacked national importance; industry reports addressed sector broadly, not specific business impact.

An entrepreneur in automation and control sought EB-2 classification with NIW. The AAO dismissed the appeal because the petitioner failed to establish he held an advanced degree, the underlying EB-2 eligibility requirement, rendering the NIW analysis unnecessary.

Self-petitioner entrepreneur seeks national interest waiver to operate used car dealership in Texas or Florida. AAO held proposed endeavor lacked national importance under Dhanasar first prong because it offered no broader implications beyond applicant's business and no substantial positive economic effects, thus failing to establish NIW eligibility.

Professional with advanced degree developing a business sought EB-2 with national interest waiver. The AAO affirmed the director's finding that petitioner failed to demonstrate national importance of her specific business endeavor, as she did not show it would sufficiently impact relevant industries or the broader U.S. economy.

Tourism entrepreneur sought EB-2 NIW. AAO dismissed after finding petitioner lacks required five years post-degree work experience and proposed endeavor lacks national importance. Specific endeavor too vague; general tourism industry importance insufficient.

Brazilian entrepreneur seeking NIW under EB-2 proposing multiple U.S. businesses including educational and elevator enterprises. AAO found substantial merit but no national importance; projected revenues and job creation insufficient; social benefits lack national-scale implications. Appeal dismissed.

A business owner in vehicle and signage graphics sought exceptional ability classification with a national interest waiver. The director found the exceptional ability criteria unmet. The AAO withdrew a favorable finding on the degree criterion, found experience and recognition criteria unmet, dismissed the appeal, and reserved the Dhanasar waiver analysis.

General and operations manager seeking NIW for home flipping company. Met substantial merit requirement but failed national importance prong. AAO dismissed appeal, finding petitioner showed general industry importance but not specific endeavor impact on regional or national economy at level contemplated by Dhanasar.

Self-employed real estate businessperson sought EB-2 national interest waiver for sustainable affordable housing venture. AAO dismissed appeal because petitioner failed to establish EB-2 qualification as advanced degree professional and because proposed endeavor lacked demonstrated national importance despite addressing affordable housing crisis.

Mining entrepreneur with 30 years experience sought NIW claiming self-employment in mining and entrepreneurship. AAO dismissed because petitioner lacked five years of progressive post-baccalaureate experience qualifying him for EB-2 advanced degree, and failed to demonstrate national importance of his proposed mining venture.

Entrepreneur seeks NIW to establish cosmetic factory and sell hair care products. AAO dismissed appeal, finding the endeavor has substantial merit but lacks national importance because evidence showed only product popularity without demonstrating broader field implications or substantial positive economic effects contemplated by Dhanasar.

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.

Entrepreneur seeking EB-1A extraordinary ability classification for ventures in car rental, used cars, travel, and e-commerce. Claimed four criteria but Director found none met. AAO affirmed, finding insufficient evidence of sustained acclaim or critical organizational roles and no documentation of high remuneration.

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.