Published AAO appeal decisions

An attorney from Brazil seeks EB-2 with national interest waiver in tax and business law. The AAO found the petitioner did not qualify as an advanced degree professional or individual of exceptional ability, lacking required documentation and failing final merits review. Without underlying EB-2 eligibility, the NIW claim was not addressed.

Foreign legal consultant seeking EB-2 NIW claimed advanced degree or exceptional ability. AAO held petitioner failed to establish underlying EB-2 eligibility because master's degree awarded after filing and insufficient progressive experience documented at filing. National interest waiver analysis reserved.

Attorney seeks NIW for EB-2 advanced degree classification to start law firm providing immigration and legal services. AAO dismissed appeal, finding no demonstrated national importance: occupational shortage does not establish national importance, and impact limited to own clients without broader field advancement.

Corporate legal practitioner sought EB-2 national interest waiver for work developing ESG compliance legal frameworks. AAO dismissed appeal, finding while proposed endeavor has substantial merit, petitioner failed to establish national importance because work would benefit specific clients without broader implications to legal field analogous to improved manufacturing or medical advances.

Lawyer with Turkish law degree and eight years experience proposed providing comprehensive legal consulting in corporate law, international trade, immigration, and intellectual property. AAO dismissed appeal, finding no evidence the specific endeavor would have national importance or broader field impact, only general industry benefit.

Legal consultant seeking EB-2 national interest waiver as entrepreneur in legal consulting field serving US-Brazil trade relations. AAO held endeavor had substantial merit but lacked demonstrated national importance; petitioner's professional qualifications relate to ability to advance endeavor but not to national importance of specific proposed business activities.

A pastoral psychology and theology professional seeks EB-2 national interest waiver for proposed family counseling center. The AAO dismissed the appeal, adopting the Director's decision that the petitioner failed to establish national importance. While the services address important social needs, evidence does not demonstrate substantial positive national economic effects or broader field impact.

Occupational health and safety specialist seeking EB-2 exceptional ability and NIW for Massachusetts consultancy firm. Director found substantial merit but not national importance. AAO affirmed that business projections and letters of intent did not demonstrate how the firm would broadly impact the field or economy beyond specific clients.

Legal consultant sought EB-2 with national interest waiver for legal consulting services. Advanced degree qualification accepted. AAO held proposed endeavor lacked national importance because consulting benefits were limited to prospective employers and clients without broader economic or industry impact.

Attorney sought EB-2 advanced degree or exceptional ability classification with NIW. Director denied motion to reconsider without establishing new legal analysis. AAO dismissed appeal holding director properly followed procedural requirements for motion denial.

A legal analyst and entrepreneur sought NIW under Dhanasar, claiming advanced degree status and national importance of proposed legal consulting business. AAO dismissed because proposed endeavor lacked broader implications beyond company clientele; no substantial positive economic effects at national level demonstrated.

Compliance attorney in healthcare fraud and tax law seeks NIW. Claimed endeavor has substantial merit and national importance identifying healthcare waste and ensuring tax compliance. AAO affirmed denial, finding no showing that proposed work extends beyond current employers or impacts field broadly, lacks significant employment or economic benefits.

A legal analyst sought EB-2 classification with national interest waiver. The AAO dismissed the appeal, finding the proposed endeavor—legal analysis for U.S. companies and individuals—lacked the broader implications, national or global reach, and significant employment or economic impact required by Dhanasar's first prong.

A patent attorney seeking self-employment as affordable patent counsel for innovators and small businesses claimed national importance based on USPTO innovation initiatives. The AAO held the endeavor lacks national importance because it would benefit only individual clients, not impact patent law broadly, and requires substantial positive economic effects beyond individual benefit.

Social worker seeks NIW to establish nonprofit focused on mental health and benefits access for Hispanic communities. AAO held endeavor lacks national importance; petitioner's qualifications relate to prong two, not the endeavor's prospective impact itself. First prong failure dispositive.

A Brazilian attorney and law firm managing partner in transnational corporate law sought EB-1A extraordinary ability classification. The AAO dismissed because, although the petitioner met three evidentiary criteria, the totality of evidence did not demonstrate sustained national or international acclaim or that he was among the small percentage at the very top of his field.

Conflict resolution consultant with advanced degrees seeks NIW for mediation services in schools. Petitioner established substantial merit but failed to demonstrate national importance of specific proposed endeavor. Evidence discussed importance of conflict resolution generally, not petitioner's particular services or their broader field impact or economic effects.

Legal consultant seeking EB-2 NIW claimed proposed endeavor in specialized legal services would transform legal industry. AAO dismissed appeal, finding no national importance shown; work would impact only clients, not broader field, and petitioner failed to demonstrate how initiative would create jobs or substantial economic effects.

A lawyer seeking EB-2 with NIW to provide legal consulting services in Brazil-U.S. trade. The AAO affirmed he held an advanced degree but found his proposed endeavor lacked national importance because job creation of 15 positions and expected revenue in a $400-billion sector showed insufficient prospective economic impact.

Legal consultant sought EB-2 classification with NIW for legal consulting work. AAO affirmed Director's finding that while the endeavor has substantial merit, it lacks national importance because record showed no projected economic impact or job creation sufficient to demonstrate substantial effects benefiting U.S. economy.

Individual with advanced degree sought NIW to advance international development work focused on Honduras-U.S. immigration nexus. AAO dismissed because proposed endeavor lacked demonstrated national importance; creating 16 U.S. positions and stated impact on immigration system insufficient to meet Dhanasar first prong.

A lawyer sought NIW for employment as a law consultant advising corporations on Latin American business expansion. The AAO dismissed the appeal, finding no national importance despite interest from specific companies; the endeavor lacked broader field implications or significant employment potential.

A lawyer with international trade expertise claimed extraordinary ability as a postsecondary teacher but provided no teaching experience or evidence of intent to teach in U.S. institutions. The AAO dismissed the appeal, holding that the petitioner failed to show by clear evidence an intent to continue work in the claimed area of expertise, making further analysis unnecessary.

A legal consultant sought EB-2 NIW classification with advanced degree. The AAO found she failed to establish five years progressive experience required for advanced degree professional status, thus ineligible for underlying EB-2 classification. Even considering Dhanasar merits, the proposed endeavor lacked demonstrated national importance.

A legal consultant sought EB-2 national interest waiver for paralegal and legal consulting work. The AAO dismissed the appeal, finding the specific proposed endeavor lacked national importance despite petitioner's fifteen years of experience, as no documentation showed prospective impact or economic effects at national level.