Published AAO appeal decisions

Lawyer and entrepreneur sought EB-2 NIW to establish firm facilitating Brazilian-U.S. business connections. AAO held proposed endeavor lacked national importance under Dhanasar's first prong because beneficiary showed insufficient broader field impact and inadequate projections demonstrating substantial economic benefits.

Legal consultant self-petitioned for EB-2 NIW to facilitate business transactions for U.S. investors entering Albanian market. AAO found substantial merit but no national importance because impact limited to individual clients without broader field implications. Appeal dismissed.

Legal consultant in alternative dispute resolution sought EB-2 with national interest waiver. Proposed establishing consultancy for ADR and public bond investment. AAO dismissed, finding the specific endeavor lacked demonstrated national importance; petitioner confused field importance with endeavor-specific impact and failed to show broader implications.

Social work program manager entrepreneur seeks NIW to establish mental health technology platform for students, school staff, and parents via mobile app and consulting. Petition claimed substantial merit and national importance. AAO found substantial merit but no national importance; impact limited to individual clients without broader field-wide or economic effects.

An attorney with advanced degrees seeks NIW to develop AI legal technology. AAO dismissed appeal, holding that while industry importance aligns with government priorities, petitioner failed demonstrating specific proposed endeavor's prospective impact at national importance level required by Dhanasar.

Occupational health professional appealed NIW denial under Dhanasar framework. AAO affirmed that while proposed endeavor had substantial merit, petitioner failed to establish its national importance. Consulting business lacked sufficiently specific prospective national impact and significant potential to employ U.S. workers or generate substantial economic effects. Appeal dismissed.

Associate attorney holding advanced degree sought EB-2 NIW for continued practice in cross-border tax law and foreign investment facilitation. SCOPS granted advanced degree qualification but denied waiver. AAO affirmed: petitioner's field and experience are material to second prong but immaterial to first prong; specific endeavor lacks evidence of broader implications, job creation, or substantial economic effects constituting national importance. Appeal dismissed.

An attorney proposed work as a professional mediator through her own company. The AAO dismissed the appeal, holding the applicant failed the first prong because individual mediation services lacked national importance; she provided no expert evidence showing field-wide impact or connection to national initiatives.

Conflict resolution consultant with master's degree in global development and peace seeks NIW. AAO dismissed appeal because proposed endeavor, though with substantial merit, lacks sufficient evidence of broader field impact and qualitative significance required for national importance under Dhanasar.

Brazilian-trained attorney sought NIW for family law mediation practice in Delaware. Qualified for underlying EB-2 advanced degree classification. AAO affirmed dismissal because petitioner failed to show proposed endeavor has national importance, lacking evidence of broader impact beyond local services or how foreign law expertise benefits U.S. practice.

International tax law consultant sought national interest waiver for EB-2 advanced degree petition. AAO affirmed denial, finding proposed endeavor lacks national importance despite substantial merit and positioning. Work benefits confined to employer; no evidence of broader field or national implications required.

Immigration attorney seeking NIW to provide visa guidance to foreign nationals. Claimed endeavor advances U.S. talent attraction priorities. AAO dismissed, finding specific proposed work lacked national importance; it would benefit individual clients without demonstrating prospective impact on immigration field or economy broadly.

Lawyer proposing consulting firm providing legal advice on digital asset financial safeguarding. Claimed national importance through government policy alignment and industry support. AAO held proposed endeavor lacks national importance: services already provided by others, no broader implications, no significant U.S. employment potential.

A lawyer seeking EB-2 with national interest waiver for cybersecurity compliance services claimed his endeavor addresses urgent industry needs and creates jobs. The AAO dismissed the appeal, holding that working in an important field is insufficient; the petitioner failed to demonstrate his specific proposed endeavor has national importance or substantial prospective economic impact.

Lawyer seeks NIW for EB-2 classification to establish immigration law firm providing legal services to immigrants. AAO found proposed endeavor lacked national importance; petitioner did not demonstrate how services would differ from existing firms or impact field broadly; appeal dismissed.

A lawyer and legal entrepreneur in self-petitioner status sought EB-2 with NIW. The applicant claimed substantial merit and national importance for a legal practice advising startups and cybersecurity. The AAO dismissed the appeal because the petitioner failed to demonstrate national importance: the business plan lacked specificity about economic impact, job creation, or projected benefits; merely working in an important field is insufficient.

A public security consultant with exceptional ability claims NIW for EB-2, proposing crime prevention and law enforcement collaboration. The AAO dismissed because the petitioner failed to demonstrate that the specific proposed endeavor would have national importance beyond direct clients served.

Military chaplain with advanced degree sought NIW for proposed endeavor addressing servicemember suicide and extremism. AAO affirmed dismissal because the endeavor lacks national importance; impact confined to individuals receiving services, not the broader field or national interest.

Lawyer seeks EB-2 national interest waiver to advance environmental education nonprofit focusing on climate change and sustainable practices in K-12 schools. AAO affirmed denial, finding proposed endeavor lacks national importance as it would not extend beyond local students to impact the field broadly or demonstrate substantial economic effects.

An assistant professor of criminology seeking EB-2 with NIW to conduct research on combating human trafficking claimed substantial merit and national importance. The AAO found substantial merit but insufficient evidence that the specific research endeavor would impact national response to trafficking at the required level.

Paralegal seeks EB-2 exceptional ability classification and NIW. AAO dismissed appeal, finding petitioner did not establish exceptional ability, meeting only two of six required criteria. Failure to qualify for underlying EB-2 classification rendered NIW analysis unnecessary.

An attorney with advanced degree sought EB-2 NIW for providing international law consulting in foreign investment and trade. The AAO found the endeavor lacked demonstrated national importance as it would not sufficiently extend beyond the petitioner's clients to impact the field or economy broadly, thus failing the first Dhanasar prong.

Lawyer with advanced degree sought EB-2 national interest waiver for renewable energy law practice. Director found substantial merit but denied national importance; AAO affirmed. Petitioner conflated importance of renewable energy field with importance of his specific proposed legal services. Lacked objective corroborating evidence of national impact. First prong failed; second and third prongs not reached. Dismissed.

A journalist with a master's degree sought EB-2 classification with a national interest waiver to establish an institute on U.S.-European relations and countering disinformation. The AAO dismissed the appeal, finding the petitioner failed to meet the third Dhanasar prong: while U.S. would benefit from contributions, the petitioner did not show impracticality of securing a job offer, labor certification, or sufficient urgency.

Public policy advocate and project manager with doctorate and master's degree seeking NIW classification. Petitioner proposed sustainable farming and biomass fuel development endeavor and submitted recommendation letters. AAO held proposed endeavor lacked national or global implications required under Dhanasar first prong; appeal dismissed.