Published AAO appeal decisions

Entrepreneur seeking NIW to operate investment management company serving Brazilian ultra-high-net-worth individuals in Florida. AAO dismissed appeal, finding the specific endeavor lacks national importance despite substantial merit; benefits limited to prospective clients and employees without broader field impact.

Entrepreneur in fitness and health industry sought EB-2 NIW to expand business. AAO held endeavor has substantial merit but lacks national importance; fitness industry significance does not establish applicant's specific business impact at national level; appeal dismissed.

A trucking entrepreneur from Uzbekistan seeking EB-2 national interest waiver. Proposed startup projected 35 jobs and $58.2 million economic contribution. AAO found unsupported claims and undocumented indirect job projections. Impact deemed local rather than national; court reserved remaining prongs after first-prong failure.

Civil construction project director seeking NIW for EB-2 advanced degree classification proposed affordable residential development. AAO found substantial merit but no national importance because the petitioner failed to show how local housing benefits would reach national economic significance or demonstrate the company's scale and scope.

Entrepreneur in travel and tourism seeks EB-2 NIW to establish online travel portal business. AAO dismissed appeal after affirming motion dismissal; proposed endeavor lacks national importance; industry importance and unsupported financial projections insufficient to demonstrate broader field implications or substantial economic effects.

A restaurant entrepreneur sought EB-2 exceptional ability classification and NIW. The AAO affirmed denial, finding petitioner met only two of six criteria and failed final merits review; evidence of business success and awards did not establish expertise significantly above ordinary level in the field.

Real estate entrepreneur sought EB-2 NIW for affordable housing initiative. AAO dismissed appeal, finding the proposed endeavor lacked sufficient prospective impact extending beyond the petitioner's clients to demonstrate national importance or substantial positive economic effects required by Dhanasar.

Aircraft pilot and entrepreneur seeking NIW for EB-2 exceptional ability classification proposed a pilot staffing company. AAO found substantial merit but no national importance because the endeavor lacked broader impact beyond the company and its clients, with insufficient evidence of economic scale or scope to affect the nation's economy or aviation industry.

Entrepreneur with advanced degree sought NIW to establish and operate a non-profit refrigerated trucking and repair services company in Illinois. AAO affirmed dismissal, finding the proposed endeavor lacks national importance despite substantial merit; petitioner failed to provide market studies or evidence of client interest demonstrating job creation or economic impact.

Advanced degree professional seeking EB-2 with national interest waiver for proposed pastry shop business. Petitioner claimed endeavor would promote healthier eating and create jobs aligned with national health goals. AAO found insufficient evidence that the specific proposed endeavor has national importance, requiring broader implications than claimed.

An electronics technician proposed a pool heating and automation business claiming national importance for sustainability. The AAO dismissed the appeal because the specific proposed endeavor lacked national importance; letters from professors did not demonstrate how routine pool installation services would have broader implications or substantial economic effects.

An entrepreneur sought NIW classification for an eco-friendly furniture manufacturing business using sustainable techniques and white-label services. The AAO found the endeavor had substantial merit but lacked national importance, finding insufficient evidence of projected job creation, economically depressed area location, or substantial positive economic effects.

Venture capital and startup acceleration company executive with advanced degree seeking EB-2 and NIW. Director denied the petition finding substantial merit but not national importance. AAO affirmed that petitioner's experience and alignment with government initiatives do not establish that the specific proposed endeavor offers broader implications or substantial positive economic effects.

Petroleum engineer seeking NIW for self-founded oil and gas consulting company in Texas. Claimed national importance based on industry significance and business plan. AAO dismissed appeal, finding the specific proposed endeavor lacks national importance; local B2B consulting with eight employees insufficient for waiver.

CEO seeking EB-2 classification and waiver for agribusiness consulting business development work. AAO dismissed appeal finding the specific proposed endeavor lacks national importance because services would benefit only individual clients without demonstrating broader industry or economic impact.

Self-petitioner entrepreneur seeking EB-2 NIW for software development and cloud computing startup. Claimed endeavor aligned with national technology and workforce initiatives. AAO found substantial merit but no national importance; company lacks demonstrated significant potential for broad economic effects, employment creation, or impact beyond its immediate clientele.

Agribusiness executive from Brazil seeking NIW for consulting role improving U.S. agribusiness efficiency. Claimed prior seed industry experience and professional expertise. AAO dismissed, finding proposed endeavor lacks defined scope and appreciable national impact; benefits of labor certification process outweigh petitioner's contributions.

A general and operations manager seeking EB-2 advanced degree classification and NIW claims his Brazilian fried chicken franchise has national importance. The AAO dismissed the appeal, holding the petitioner failed to establish the endeavor has national importance as required by the first Dhanasar prong; no broader implications demonstrated.

Entrepreneur seeking extraordinary ability classification claimed six criteria. Director found published material and leading role criteria met; petitioner did not challenge denial of awards, membership, original contributions, and high salary criteria. AAO affirmed that petitioner failed to meet three criteria and that totality of evidence does not demonstrate sustained acclaim or top-of-field status.

A technology entrepreneur seeking EB-2 exceptional ability classification with NIW claimed three criteria for exceptional ability. AAO held petitioner failed to meet three criteria required for exceptional ability; therefore ineligible for EB-2 and NIW reserved; appeal dismissed without reaching Dhanasar analysis.

A truck driver seeking EB-2 with NIW to operate an independent cargo trucking and storage business. Claimed the endeavor had substantial merit and national importance and that he was well positioned to advance it. AAO dismissed, finding the first prong lacked adequate evidentiary support and the second prong was not established.

Entrepreneur seeking EB-2 with NIW for financial management consultancy claimed substantial merit and national importance. AAO held endeavor lacked national importance because projected job creation was nominal for a large county and petitioner failed to demonstrate broad field impact or substantial economic effects.

Entrepreneur seeking NIW as person of exceptional ability for B2B international trade consulting startup. Submitted industry reports, business plan projecting 48–272 employees, and advisory opinions. AAO dismissed, finding the specific consulting endeavor lacks national importance beyond direct client and employee impacts despite substantial merit.

Entrepreneur seeking EB-2 national interest waiver for supply chain management business. Claimed endeavor would shorten industrial processes and increase productivity. AAO held endeavor had substantial merit but lacked demonstrated national importance under Dhanasar framework; projected revenues and employment lacked sufficient corroboration and failed to show impact beyond immediate business operations.

Industrial management graduate sought EB-2 exceptional ability classification and national interest waiver to own and operate trucking company. Petitioner met only two of required three evidentiary criteria: degree and membership. AAO affirmed commercial driver's license does not satisfy profession license criterion and tax returns did not demonstrate comparative exceptional ability in salary.