Published AAO appeal decisions

An employer petitions for a financial investor to receive an NIW for consulting services promoting U.S. business investment in China. The AAO found substantial merit but rejected national importance, concluding projected revenue, tax contributions, and job creation lacked evidence of broader regional or national economic impact.

Private equity firm sponsored senior associate beneficiary for EB-2 national interest waiver. Beneficiary has advanced degree and experience in agriculture and infrastructure sectors, but proposed endeavor lacks national importance; work scope limited to employer and clients despite alignment with national priorities.

A financial services professional with expertise in operational risk management sought EB-2 classification with national interest waiver. The AAO dismissed the appeal because his proposed endeavor to modernize fraud prevention and compliance infrastructure lacked demonstrated national importance. His plan would benefit limited stakeholders and offered insufficient evidence of substantial positive economic effects.

A financial director and entrepreneur with an advanced degree in finance sought NIW for work as finance director at a used car dealership. The AAO found her original endeavor lacked substantial merit and national importance due to vague descriptions and generic claims about economic benefits without specific, prospective impact evidence.

Financial analyst sought EB-2 NIW with advanced degree in finance. AAO affirmed denial, holding petitioner did not establish national importance of continuing financial analyst work; general claims of supporting resilience and aligning with federal priorities, or referencing critical emerging technologies list, insufficient without specific evidence of proposed endeavor impact. Second and third prongs reserved.

Financial analyst seeking EB-2 with NIW for financial advisory services initiative. AAO found petitioner lacks advanced degree meeting regulatory standard and proposed endeavor lacks national importance under Dhanasar. Insufficient evidence demonstrated prospective impact on field, employment, or economic benefits at national level.

International development specialist with master's in law sought EB-2 with NIW for power sector finance projects. Service center acknowledged advanced degree eligibility. AAO found proposed endeavor lacked specificity and national importance; petitioner's accomplishments misdirected in first Dhanasar prong analysis. Appeal dismissed.

An employer petitioned for an assistant vice president to receive EB-2 national interest waiver. The beneficiary met the advanced degree requirement but the AAO affirmed dismissal because the proposed endeavor lacked national importance, showing only employer-specific benefits. The AAO did not address the remaining Dhanasar prongs.

Financial services institution sponsored employee for EB-2 with NIW. AAO dismissed appeal, holding that organizational importance does not establish national importance of the individual's specific proposed endeavor and that services would not extend beyond internal users.

Accountant and financial analyst proposed contributing expertise to businesses, promoting diversity and cultural enrichment. AAO agreed with director that working in an important field does not establish endeavor national importance; no evidence of novel methodologies, employment potential, or broader economic impact.

A healthcare manufacturing company petitioned for an EB-2 national interest waiver for a financial manager continuing existing work at a U.S. location. The AAO found the proposed endeavor lacked national importance despite STEM-related arguments and industry documentation, as neither work experience nor field shortage alone established broader impact. Appeal dismissed.

Assistant vice president in financial services seeks EB-2 national interest waiver. Petitioner claimed endeavor with artificial intelligence and digital technologies has national importance. AAO held substantial merit established but national importance unmet; endeavor impact confined to company and clients, lacking broader field implications required by Dhanasar.

A global financial services company petitioned for an NIW for a beneficiary developing AI and machine learning solutions. The AAO dismissed the appeal, finding the beneficiary's work, though valuable to the employer, lacked broader industry implications necessary to establish national importance under Dhanasar's first prong.

Financial technology company petitions for beneficiary in fintech as extraordinary ability immigrant. Claimed six criteria; director found two met. AAO finds three criteria satisfied: judging, leading role, and scholarly articles via comparable evidence of trade show presentations. Matter remanded for final merits analysis on sustained acclaim.

Financial services manager with MBA sought NIW as EB-2 professional to advance KYC and AML strategies. AAO dismissed, finding proposed endeavor lacks national importance despite industry significance; petitioner failed to demonstrate prospective impact beyond employer benefits.

International banking manager with advanced degree sought NIW as EB-2 professional. AAO dismissed, finding industry importance does not establish national importance of specific proposed endeavor; petitioner failed to demonstrate prospective impact on field or economy beyond individual employment.

Risk management professional with advanced degree seeking NIW for EB-2. Petitioner proposed developing risk models and market risk analytics for national economic benefit. AAO dismissed, finding proposed endeavor lacked national importance. Work was too narrowly tied to employer; vague assertions about preventing economic collapse insufficient. Well-positioned and balance prongs not reached.

Investment firm petitions for O-1A classification for external managers evaluation specialist. Petitioner failed to submit required advisory opinion and satisfied only two of eight evidentiary criteria. Missing published material documentation and failing to establish three alternate criteria, petition dismissed.

An account specialist and insurance agent sought EB-2 NIW. The AAO found the petitioner satisfied the advanced degree requirement but failed the first Dhanasar prong: the proposed work lacked national importance because contributions to accounting knowledge and diversity would not extend beyond her employer and clients to impact the field broadly.

A finance manager sought EB-2 NIW for a finance technologist role. The AAO affirmed dismissal, finding she failed to demonstrate her specific proposed endeavor has national importance distinct from the importance of the finance profession generally.

A software and investment firm sought O-1 classification for an investment and marketing specialist. After a summary dismissal of the appeal, the firm filed untimely combined motions to reopen and reconsider. The AAO found the delay was not reasonable or beyond the firm's control and dismissed both motions without reaching the merits.

Finance director with advanced degree seeks NIW for employment in Florida. Petitioner claimed substantial merit and national importance of her financial services work. AAO held the specific endeavor lacked national importance because evidence showed only her individual client impact, not broader field or economy impact.

An accountant seeks an EB-2 national interest waiver for financial management services using artificial intelligence for small businesses. The AAO dismissed because the petitioner failed to demonstrate national importance: claims about AI and small business importance were conclusory without specific evidence of substantial economic or societal benefit.

Financial analyst sought EB-2 with NIW for proposed endeavor in financial analysis and automated systems management for small-to-medium businesses. AAO found substantial merit but not national importance; revenue and employment projections were modest and lacked prospective impact beyond regional scope. Appeal dismissed.