This appeal was not successful at this stage
The AAO dismissed the appeal because the petitioner failed to establish that his proposed business consultancy endeavor had national importance, the first required prong under the Dhanasar framework. Although the AAO reversed SCOPS on the advanced degree question, the national interest waiver was denied for failure to meet Dhanasar prong one.
The petitioner, a production engineer and entrepreneur, sought an EB-2 National Interest Waiver to run a consulting firm serving small and medium-sized manufacturers. The AAO reversed SCOPS's denial of advanced degree status, finding that employer letters and credentials established the equivalent of a master's degree. However, the AAO upheld the denial on national importance grounds, finding the petitioner's business plan projections were unsupported, his RIMS II job-creation analysis lacked specificity, and his claims of broad economic impact were too generalized and conclusory. Because Dhanasar prong one was not met, the AAO declined to analyze prongs two and three, and dismissed the appeal.
What worked: The petitioner successfully reversed the lower officer's finding on advanced degree status by submitting employer letters that documented progressive post-baccalaureate experience equivalent to a master's degree, along with a credential evaluation of his foreign degrees.
What failed: The petitioner failed to establish national importance: (1) the business plan lacked a credible basis for its revenue and staffing projections; (2) the RIMS II indirect job creation analysis was too vague about job types and locations; (3) claims of broad economic and industry impact were conclusory and unsupported by specific evidence.
Takeaway: NIW petitioners running consultancy or entrepreneurial ventures must provide detailed, evidence-backed documentation showing how their specific business will impact the U.S. economy at a national scale — vague assertions and unsupported financial projections will not satisfy the national importance prong. Entrepreneurs should quantify and locate specific economic impacts, explain how their approach differs from existing market offerings, and support RIMS II or similar analyses with granular breakdowns.
Cases like this are frequently used by attorneys when responding to RFEs or building initial petitions. The evidence patterns that worked (or failed) here directly reflect what USCIS officers look for when evaluating EB-2-NIW criteria.
● Evidence that moved the needle
- The petitioner successfully reversed the lower officer's finding on advanced degree status by submitting employer letters that documented progressive post-baccalaureate experience equivalent to a master's degree, along with a credential evaluation of his foreign degrees.
● Evidence that wasn't enough alone
- The petitioner failed to establish national importance: (1) the business plan lacked a credible basis for its revenue and staffing projections
- (2) the RIMS II indirect job creation analysis was too vague about job types and locations
- (3) claims of broad economic and industry impact were conclusory and unsupported by specific evidence.
Completed
I-140 filed
Production engineer and entrepreneur planning to run a business consultancy serving small and medium-sized manufacturers
Completed
SCOPS — Denied
Initial decision: Denied.
Completed
Appeal to the AAO
Petitioner appealed to the Administrative Appeals Office for de novo review.
2026-05-07
AAO decision — Dismissed
The AAO dismissed the appeal because the petitioner failed to establish that his proposed business consultancy endeavor had national importance, the first required prong under the Dhanasar framework. Although the AAO reversed SCOPS on the advanced degree question, the national interest waiver was denied for failure to meet Dhanasar prong one.
If you're appealing a similar decision, I-290B must be filed within 30 days of personal service of the denial, or 33 days if mailed.