Published AAO appeal decisions

An investment principal with an MBA seeks NIW for continued work in venture capital focusing on emerging AI companies. The petitioner claimed three Dhanasar prongs. The AAO dismissed the appeal, finding the petitioner failed to establish that his specific proposed endeavor has national importance, focusing instead on general industry value rather than prospective impact of his specific work.

A financial professional sought a national interest waiver for self-employment in financial consulting. The AAO dismissed the appeal, finding the proposed endeavor lacked sufficient national importance because the evidence showed only localized consulting services for a limited clientele without broader field impact or substantial economic effects.

A financial technologies researcher with a PhD sought NIW as self-petitioner to start a fintech startup. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance despite showing substantial merit; benefits were confined to specific employers and clients rather than the field broadly.

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 financial consultant seeks NIW for EB-2 claiming his financial management and capital investment advice would improve business competitiveness and economic impact. The AAO affirmed denial, finding substantial merit but no national importance because the endeavor lacks corroborating evidence of impact beyond his clientele.

International tax specialist sought NIW for work with foreign investors establishing U.S. companies. AAO dismissed appeal, holding petitioner conflated personal qualifications with endeavor requirements; proposed endeavor lacked demonstrated broader implications necessary for national importance under Dhanasar.

A business and financial analyst from Brazil seeks NIW status to operate a consulting business advising U.S. companies on Brazil business matters. The AAO found the endeavor had substantial merit but lacked national importance, as the benefits would not extend beyond specific clients or impact the financial industry broadly.

Economist and finance professional seeking EB-2 classification with national interest waiver for consultancy business providing quantum finance modeling to small and medium enterprises. Claimed expertise and economic benefits. AAO dismissed, finding petitioner's accomplishments and industry knowledge do not establish national importance of a solo consultancy venture lacking documented plan or evidence of prospective impact required by Dhanasar first prong.

Accounting and finance manager seeking NIW. Met substantial merit but failed national importance requirement. AAO dismissed appeal, finding that general importance of accounting and finance field is insufficient and petitioner failed to show proposed endeavor impacts STEM field or critical emerging technology.

Self-petitioner, financial adviser seeking EB-2 with NIW, proposed advisory services to small businesses post-COVID. AAO found substantial merit but reversed director's adverse substantial merit ruling and upheld denial on national importance; proposed work limited to Texas oil and gas SMEs lacks broader economic or field impact.

An entrepreneur and international insurance specialist sought NIW, claiming his endeavor had substantial merit and national importance. AAO found no clear EB-2 underlying classification determination made by the Director. On national importance, the record discussed general benefits of entrepreneurship and innovation to economies but failed to establish the petitioner's specific proposed endeavor would have prospective national impact.

A financial analyst sought EB-2 classification with national interest waiver. The AAO found she did not qualify as an advanced degree professional or individual of exceptional ability, lacking required work experience and failing to meet three evidentiary criteria. The appeal was dismissed without reaching the Dhanasar framework's second and third prongs.

International trade entrepreneur applied for EB-2 as person with exceptional ability seeking NIW. Director found substantial merit and that applicant well-positioned but denied national importance; AAO affirmed. Projected revenues and employment insufficient to demonstrate specific endeavor's national economic implications.

Financial manager with advanced degree sought national interest waiver for consulting firm providing financial planning and company valuation services. AAO found endeavor has substantial merit but lacks national importance; projected eight million dollars in revenue and twenty-one jobs insufficient to demonstrate national-level economic impact. Appeal dismissed.

Financial and investment specialist seeks NIW for consulting business providing financial advisory services to small businesses. AAO found substantial merit but held proposed endeavor lacks national importance without detailed evidence demonstrating scope and nationally significant impact on financial literacy or small business growth.

Financial advisor sought NIW under EB-2 for commercial director position. Petitioner qualified as advanced degree professional but failed to establish national importance of proposed endeavor. AAO dismissed, finding business plan lacked credibility and specific endeavor lacked broader field implications.

Financial analyst sought EB-2 exceptional ability with NIW. Director found four criteria met; AAO disagreed and found zero of six criteria met due to insufficient documentation and evidence not meeting regulatory standards. Underlying EB-2 eligibility failed; NIW analysis reserved.

An accountant seeking EB-2 exceptional ability classification and national interest waiver. AAO dismissed the appeal because petitioner satisfied only two of six required evidentiary criteria for exceptional ability, making her ineligible for underlying EB-2 classification and therefore ineligible for a waiver.

An insurance brokerage entrepreneur sought NIW under EB-2. The AAO agreed the endeavor had substantial merit but found it lacked national importance because benefits were largely local to the business, not extending broadly to impact the field, dismissing the appeal.

Self-petitioner, accountant and entrepreneur, proposed tax planning and customs trade consultancy business and sought national interest waiver. AAO found the endeavor lacked national importance and that petitioner failed to establish EB-2 eligibility due to insufficient post-baccalaureate experience. Appeal dismissed.

A financial manager sought EB-2 NIW classification proposing to advance financial management services for U.S. businesses. The AAO rejected the claim that the proposed endeavor had national importance, finding the applicant provided insufficient evidence of specific impact, scope, viability, or economic benefit. Appeal dismissed.

Financial consultant seeking EB-2 national interest waiver. AAO found petitioner failed to establish national importance of specific endeavor. Evidence regarding finance industry importance did not demonstrate how petitioner's specific work benefits nation broadly, only employer and clients.

Business and financial consultant with advanced degree sought NIW to provide consulting and trade partnership services in South Florida. AAO held petitioner failed to establish national importance because his specific endeavor lacks broader implications and revenue projections do not demonstrate substantial positive economic effects.

Financial manager and entrepreneur seeking EB-2 with NIW to establish financial management consulting business. Claimed endeavor has national importance through economic benefits. AAO affirmed denial: endeavor lacks national importance despite substantial merit; no corroborating evidence of broader impact required by Dhanasar framework.

Financial analyst sought EB-2 with national interest waiver. AAO affirmed denial, finding the proposed endeavor lacked national importance despite meeting some regulatory criteria. Work benefited only individual employers, not the field broadly or the nation.