Published AAO appeal decisions

Actuarial associate sought EB-2 with national interest waiver to provide AI and machine learning solutions improving pension program solvency for public servants. The AAO dismissed, holding the petitioner failed to demonstrate the proposed endeavor has national importance; letters of support and general field importance do not establish the specific endeavor's broader implications.

A relationship manager with advanced degree seeks NIW claiming to improve financial access and security through Islamic finance services. AAO affirmed denial because the petitioner failed to establish national importance of the specific proposed endeavor, lacking sufficient detail about strategies and prospective nationwide impact.

An advanced degree professional proposes to own and operate an LLC providing corporate financial management services to businesses. The AAO dismissed because the proposed endeavor lacked national importance; it would impact only the LLC's clients, not the field broadly, and the petitioner did not establish broader implications beyond her business.

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.

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.

Finance executive with advanced degree sought national interest waiver as EB-2. Petitioner claimed substantial merit and national importance for proposed finance role. AAO dismissed motion, finding petitioner reargued prior issues without new evidence or legal error and did not meet first prong.

A risk manager with advanced degree seeking EB-2 classification with NIW to develop AI-based fraud detection algorithms. The AAO found the first prong met but dismissed because petitioner lacks entrepreneurship and algorithm development experience, failing to demonstrate she is well-positioned to advance the proposed endeavor.

Entrepreneur in finance seeks NIW. Claimed endeavor important for U.S. competitiveness and economic benefit through small business support. AAO dismissed, finding past experience does not establish prospective national importance of the specific endeavor and that industry importance alone does not meet Dhanasar standards.

Accountant sought EB-2 with national interest waiver for business consulting system for small businesses. AAO held first prong failed: proposed endeavor lacked national importance as general information about small business recovery did not establish specific prospective impact on field or nation; speculation insufficient.

Financial manager sought EB-2 with national interest waiver to provide administrative and financial advice to small and medium businesses affected by COVID-19. AAO dismissed, finding the endeavor lacks national importance and petitioner was not well positioned to advance it.

A financial manager sought EB-2 classification with NIW for a business providing financial management services to small and medium enterprises. The AAO dismissed, finding the endeavor lacked both national importance and demonstrated positioning, as benefits were limited to direct clients without national implications.

Marketing professional in financial services sought advanced degree and exceptional ability classifications with national interest waiver. AAO dismissed appeal because petitioner failed first Dhanasar prong: established substantial merit and was well positioned but did not demonstrate that providing marketing services to limited clients has national importance distinct from general importance of her occupation.

Entrepreneur seeking to provide financial services to institutions applied for EB-2 with national interest waiver. AAO found the proposed endeavor lacked national importance and petitioner was not well-positioned to advance it. Appeal dismissed.

An accountant with advanced degree sought NIW for self-employment in accounting services. The AAO dismissed the appeal, finding the proposed endeavor lacked sufficient specificity and national importance, and the petitioner was not well positioned to advance it with only vague plans and no documented progress.

Economist with doctorate in economics and finance sought NIW for EB-2 classification. She claimed expertise in economic development and financial analysis. AAO dismissed appeal because she presented inconsistent descriptions of her proposed endeavor and failed to establish its national importance or her capability to advance it.

A tax analyst seeks EB-2 classification with a national interest waiver to operate a tax and financial consulting business in Florida. The AAO affirmed the Director's denial, finding the petitioner well-positioned but failing to establish that the proposed endeavor has substantial merit or national importance, as required under Dhanasar.

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.

Finance executive in oil and gas industry seeking NIW under EB-2. Petitioner qualified for underlying EB-2 classification. AAO agreed her proposed work has substantial merit and she is well positioned to advance it, but found the endeavor lacks national importance: her financial management work would benefit only her employer, not the broader industry. Appeal dismissed.