Published AAO appeal decisions

An accountant with advanced degree sought NIW under EB-2. Service center analyzed wrong proposed endeavor (electrical engineering instead of financial consulting). AAO remanded because the denial did not address the petitioner's actual endeavor, noting the accountant's proposed financial consulting work likely does not meet Dhanasar's three prongs.

Tax auditor seeking NIW for EB-2 exceptional ability classification claimed multiple criteria. AAO dismissed, finding petitioner met only academic record and experience criteria but failed to satisfy exceptional ability threshold; waiver analysis not reached due to underlying ineligibility.

An assistant professor and researcher in finance and economics with a PhD seeks EB-2 national interest waiver. Petitioner proposed developing machine learning techniques for finance applications. AAO found all three Dhanasar prongs satisfied: the endeavor has substantial merit and national importance, petitioner is well-positioned to advance it through his education and experience, and waiving the job offer requirement would benefit the United States.

Assistant professor of finance seeks national interest waiver for EB-2 based on real estate research. Director found substantial merit but not national importance. AAO reversed, finding research on environmental, social, governance impacts and market solutions has national importance through academic dissemination. Petitioner meets all three Dhanasar prongs.