Published AAO appeal decisions

An accounting and tax consultant sought EB-1A classification in business. After the petition was denied and several motions were handled, the appeal concerned dismissal of a sixth motion to reopen and reconsider. The AAO dismissed the appeal because the motion offered no new facts or evidence and identified no legal error.

A general manager in fund management seeking to establish a firm claimed four criteria; two were met. The AAO affirmed dismissal because the petitioner satisfied only two of the required three initial evidentiary criteria, failing to meet the threshold for extraordinary ability classification.

A financial manager sought extraordinary ability classification, claiming three criteria: membership, original contributions, and a leading or critical role. The AAO dismissed the appeal because the membership criterion was not satisfied, so the three-criteria threshold could not be met. The other claimed criteria and the final merits were not decided.

A venture capital investment manager sought EB-1A extraordinary ability classification. He claimed four criteria but met only the high-salary criterion. The AAO affirmed the denial because he satisfied only two criteria, falling short of the three required before final merits analysis, and dismissed the appeal.

An economist sought EB-1A classification for extraordinary ability. The AAO found he met three evidentiary criteria: association membership, published material, and judging. However, on final merits determination, the record lacked evidence of published scholarly articles, government implementation of research, or sustained national or international acclaim required for extraordinary ability. Appeal dismissed.

Financial advisor and entrepreneur seeking EB-2 with national interest waiver proposes to grow small and medium-sized enterprises and improve tax systems. AAO held she lacked advanced degree eligibility; also did not establish national importance of the specific endeavor, as projections were uncorroborated and methods lacked demonstrated innovation or broader field implications.

Financial manager with eight years finance and four years management experience in Kazakhstan sought extraordinary ability classification claiming seven criteria. AAO found only judging criterion met (from SCOPS). Rejected awards, membership, original contributions, scholarly articles, and exhibitions. Appeal dismissed due to insufficient criteria satisfaction.

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.

An accountant with an advanced degree sought EB-2 NIW for his accounting firm business. The AAO found the proposed endeavor lacked national importance; his business plan projections and claims of alignment with government economic initiatives did not show impact beyond his individual clients at a level constituting national importance.

An insurance company executive sought EB-2 national interest waiver for a proposed life insurance company. The AAO dismissed the appeal, finding the applicant failed to establish national importance of the specific endeavor, and declined to reach the remaining Dhanasar prongs.

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.

Co-founder and CEO of financial technology company claiming extraordinary ability through lesser awards, memberships, published materials, and leadership role. AAO found awards criterion not met because award belonged to employer; membership criterion not met because petitioner failed to demonstrate it applies; and overall record lacks evidence of sustained acclaim among the very top of the field.

Financial analyst seeks EB-1A extraordinary ability classification. Claimed at least three of ten criteria. AAO found no major international award and rejected high salary criterion on improper comparison basis, leaving petitioner below three-criterion threshold. Reserved remaining criteria. Dismissed appeal.

An accountant sought EB-2 NIW. A second motion to reopen and reconsider was dismissed. New evidence established she met the EB-2 advanced degree requirement, overcoming one ground, but she failed to present new facts establishing NIW eligibility under Dhanasar.

Financial analyst, accountant and auditor with advanced degree sought EB-2 national interest waiver. The AAO dismissed the appeal because her proposed financial services endeavor lacked demonstrated national importance under Dhanasar framework, showing no substantial economic impact or national implications.

An employer petitioned for an assistant vice president to receive EB-2 national interest waiver. The beneficiary met the advanced degree requirement but the AAO affirmed dismissal because the proposed endeavor lacked national importance, showing only employer-specific benefits. The AAO did not address the remaining Dhanasar prongs.

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.

Accountant and financial audit expert with advanced degree sought national interest waiver but failed first Dhanasar prong; submitted articles on accounting field and support letters praising past work, but none established national importance of her specific proposed financial analysis and reporting endeavor.

Financial analyst sought EB-2 NIW classification. AAO dismissed fourth motion to reopen and reconsider, finding petitioner failed to establish exceptional ability qualification underlying the NIW petition and did not demonstrate prior decision was legally erroneous.

Financial services institution sponsored employee for EB-2 with NIW. AAO dismissed appeal, holding that organizational importance does not establish national importance of the individual's specific proposed endeavor and that services would not extend beyond internal users.

Financial planner and analyst sought NIW with advanced degree. Proposed company providing financial planning to small and medium-sized businesses. AAO found endeavor substantially meritorious but lacking national importance; benefits confined to direct clients without broader field or economic implications required by Dhanasar. Second and third prongs reserved.

An accountant seeking advanced degree classification proposes to provide financial consulting targeting startups in regulatory compliance and tax planning. The AAO dismissed the appeal because the petitioner failed to establish national importance through specific evidence of substantial economic effects, regional or national job creation impact, or broader field influence.

Financial advisor and consultant claiming extraordinary ability. Met three EB-1A criteria per Director, but AAO withdrew two determinations and affirmed denial on final merits analysis. Totality of evidence does not demonstrate sustained national or international acclaim required for extraordinary ability.

Investment banker self-petitioner sought EB-1A extraordinary ability classification. AAO affirmed Service Center denial, finding petitioner failed to establish three required criteria: association membership, leading role, and published material were unsupported or waived on appeal.