Published AAO appeal decisions

Self-petitioner entrepreneur in finance seeking NIW as EB-2. Claimed endeavor of financial advisory and training has substantial merit and national importance. AAO held the endeavor lacks demonstrated national importance because evidence does not show broader impact on the finance industry or economy beyond the business itself.

An actuary from Brazil sought EB-2 advanced degree classification and NIW for proposed insurance consulting business. AAO found substantial merit but dismissed appeal because proposed endeavor lacks national importance; no prospective impact beyond own business and clients.

A financial manager sought EB-2 NIW. Director did not analyze underlying EB-2 eligibility. Proposed endeavor providing financial management services has substantial merit but lacks national importance; no evidence of broader field impact beyond serving employer or clients.

An accounting consultant claims NIW for EB-2 exceptional ability classification. The AAO found she failed to meet the advanced degree requirement and did not establish at least three evidentiary criteria for exceptional ability. Since she lacked EB-2 eligibility, the court did not address the NIW national importance prongs.

Accountant and finance professional with advanced degree sought NIW for independent financial consulting and advisory firm. AAO held petitioner established substantial merit but failed to demonstrate national importance because his endeavor lacks evidence of significant U.S. job creation or substantial economic effects.

Financial manager seeking EB-2 NIW to start entrepreneurial financial management company. AAO held revised endeavor materially different from initial proposal, creating ambiguity, and lacks evidence showing how hiring plan and operations would achieve national importance level required by Dhanasar framework.

Financial manager from Brazil sought EB-2 advanced degree classification and NIW. Petitioner did not meet EB-2 requirements due to insufficient post-baccalaureate experience; degree completed only three months before filing with unclear work history timeline.

Financial advisor sought NIW under EB-2 as specialized business consultant in international trade and hospital cost reduction. Petitioner failed to establish national importance of proposed endeavor. AAO dismissed, finding prospective economic impact limited to individual clients rather than broader field or substantial national scope.

Treasurer and controller sought EB-2 with national interest waiver. AAO dismissed because petitioner could not consistently articulate proposed endeavor, transforming it from initial petition through RFE response, preventing meaningful application of Dhanasar framework.

Finance consultant seeks NIW for financial consulting business. AAO held proposed endeavor lacks national importance because unsupported sales forecasts and impact limited to company clientele without demonstrable broader effect on financial services industry or U.S. economy. Appeal dismissed.

A financial and investment analyst entrepreneur sought EB-2 exceptional ability classification and national interest waiver. The AAO dismissed the appeal because the petitioner failed to demonstrate eligibility for the underlying EB-2 classification by meeting the initial evidence threshold, making Dhanasar analysis unnecessary.

A financial manager self-petitioning for NIW sought waiver of job offer for EB-2 classification. He claimed his financial management work has national implications for economic growth. AAO dismissed the appeal, finding insufficient evidence that his specific proposed endeavor has national importance, broader implications in his field, significant employment potential, or substantial economic effects for the nation.

Financial analyst and manager seeking EB-2 NIW to operate independent consulting company. Petitioner claimed endeavor would have national importance through job creation and improving financial reporting methodologies. AAO dismissed appeal, finding petitioner failed to establish national importance of specific proposed endeavor; new material facts presented in response to RFE cannot establish eligibility.

An economics professor sought national interest waiver to provide consulting to Latino-owned businesses. AAO dismissed because petitioner failed first Dhanasar prong: proposed endeavor lacked clarity and demonstrable national importance. Vague intentions to assist small companies at unspecified stage did not establish broad field impact or substantial economic effects.

A financial advisor seeking EB-2 with NIW to operate an investment brokerage firm. AAO dismissed the appeal, finding the proposed endeavor lacked substantial merit and national importance as required under Dhanasar's first prong because no evidence demonstrated significant job creation, economic depression area impact, or broad prospective benefit to the United States.

Financial manager seeking EB-2 with national interest waiver. Claimed endeavor in financial consulting has substantial merit but lacks national importance as required by Dhanasar first prong. AAO affirmed dismissal because proposed work would only benefit specific clientele, not impact industry or economy broadly.

An economist with master's degree in economics claims national interest waiver for educational consulting company bringing Nigerian students to U.S. universities. AAO found substantial merit but not national importance; endeavor too narrowly scoped to Nigerian students without broader field impact. Appeal dismissed.

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.

A financial advisor with business ownership seeks EB-2 national interest waiver. The AAO found substantial merit in the endeavor but rejected it for lacking national importance, as operating her own business does not demonstrate significant potential to employ U.S. workers or broader economic effects.

Senior director in business/economics seeking EB-1A extraordinary ability. AAO sustained appeal, finding petitioner met three evidentiary criteria (scholarly articles, leading role, high salary) and demonstrated sustained acclaim at the very top of field through extensive documentation.

Entrepreneur in finance field sought EB-2 classification with national interest waiver. AAO dismissed because petitioner did not establish underlying eligibility as advanced degree professional or person of exceptional ability; proposed endeavor was vaguely described.

A banker sought EB-2 classification with national interest waiver for financial advisory work. The AAO found the petitioner failed to establish the first Dhanasar prong by providing only vague possibilities rather than a specific, detailed endeavor with national importance, and failed the second prong.

A financial operations professional seeks NIW for EB-2. AAO reversed the initial denial of EB-2 qualification based on foreign degree equivalent but dismissed appeal because her proposed endeavor—establishing a financial consulting firm—lacked national importance; benefits would be limited to her own business and clients, not impact the field broadly.

Chief financial officer and self-petitioner sought NIW for EB-2 classification for proposed financial consulting company. AAO dismissed appeal, finding petitioner failed to establish national importance of specific endeavor; business plan lacked credible evidence of substantial positive economic effects, job creation locations, or field-wide impact.

Finance professional sought EB-2 NIW. Service center found exceptional ability qualification but denied waiver. AAO affirmed: proposed endeavor of corporate treasurer and controller work lacked national importance; localized benefits to individual employers and divergent business ventures (wallpaper sales, real estate) did not demonstrate broad field impact.