Published AAO appeal decisions

An accountant sought EB-2 classification as an advanced degree professional or exceptional ability individual, with a national interest waiver. The AAO dismissed the appeal because the occupation and endeavor were not sufficiently identified and exceptional ability was not shown, then declined to reach the waiver. This is not a Dhanasar waiver decision.

A managing director seeks national interest waiver for EB-2 classification. He claimed his alternative investment program has substantial merit and national importance with potential to attract foreign capital. The AAO held the endeavor lacks sufficient national importance because evidence does not demonstrate specific industry-level impact beyond general economic activity.

A recruitment consultant with an advanced degree sought EB-2 classification with national interest waiver. The AAO affirmed the petitioner qualifies as an advanced degree professional but found the proposed recruitment work, though having substantial merit, lacks national importance without sufficient documentary evidence of prospective broader economic impact.

Accountant sought EB-2 with national interest waiver. Qualified as advanced degree professional but failed Dhanasar test: proposed accounting and tax consulting work demonstrated substantial merit but lacked national importance; no evidence of significant U.S. employment potential or substantial economic effects.

A financial manager proposed an endeavor offering financial consulting to U.S. businesses. The AAO dismissed the national interest waiver appeal because the petitioner failed to establish that the specific proposed endeavor has national importance; the record lacked details on job creation, affected employers, or broader economic effects beyond individual clients.

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.

Financial analyst from Brazil seeking EB-2 national interest waiver. Proposed endeavor was general financial services work and later starting a consulting business with projected five-year revenue of six hundred thousand dollars. AAO rejected first prong of Dhanasar test; work lacks sufficient prospective impact on U.S. economy or broader financial services industry. Appeal dismissed.

A financial manager claiming advanced degree and NIW proposed to provide financial services to U.S. companies and individuals. The AAO affirmed dismissal, holding the endeavor lacked national importance and would not impact the finance field broadly despite industry importance.

Accountant sought NIW for EB-2 classification to offer finance and tax consulting to U.S. companies. Petitioner claimed benefits to U.S. economy through business activities. AAO held the proposed endeavor lacks national importance, benefiting only her employer and clients without broader accounting industry or economic implications.

A financial analyst sought an EB-2 classification with a national interest waiver, relying on academic records, an education evaluation and an employer letter to claim advanced degree status. The AAO dismissed the appeal because the petitioner did not establish the underlying advanced degree qualification, so the waiver analysis was not reached.

Economist with advanced degrees and federal and academic experience seeking NIW under EB-2. Petitioner qualified for underlying EB-2 classification. AAO found proposed work in economics research has substantial merit but lacks national importance: petitioner provided only vague references to prior work without detailing specific prospective impact. Appeal dismissed.

Financial analyst seeking national interest waiver. Director found substantial merit but denied on national importance grounds. AAO affirmed; petitioner relied on prior accomplishments rather than demonstrating proposed work would impact industry broadly or create substantial U.S. economic effects.

An accountant with advanced degree sought national interest waiver for EB-2 classification. The petitioner claimed his tax planning and accounting work would have national importance. The AAO found the proposed endeavor had substantial merit but lacked national importance because benefits would not extend beyond his employer and clients or impact the accounting industry broadly.

Chief financial officer sought NIW as EB-2 member of professions with advanced degree. Petitioner proposed general CFO work to improve company financial health but did not specify employer or demonstrate how work would impact US financial sector broadly. AAO affirmed denial, finding no established national importance of the specific endeavor.

Financial manager with advanced degree seeks national interest waiver for EB-2. AAO held waiver claim fails at first prong: proposed financial manager work lacks sufficient national importance because it lacks documented prospective impact beyond specific employers or broader economic effects commensurate with national significance.

International tax advisor petitioner sought national interest waiver. AAO found petitioner qualified for advanced degree classification but dismissed appeal, concluding proposed tax advisory services lacked national importance under Dhanasar's first prong; work limited to private clients without broader economic or field impact.

A financial manager with an advanced degree sought a national interest waiver of the job offer requirement, proposing to advise businesses on investment strategies and train staff. The AAO held the endeavor lacked demonstrated national importance, since the industry's importance is not the test and economic impact went unsupported. Remaining prongs were not reached.

Accountant sought EB-2 with national interest waiver based on proposed accounting and tax consulting work. Director and AAO found substantial merit but rejected national importance, finding no sufficient evidence of broad economic impact beyond employer and clients. Appeal dismissed.

Financial manager sought NIW as EB-2 member of professions with advanced degree. Petitioner proposed work advising on financial investments and capital allocation. AAO affirmed denial, finding insufficient evidence that proposed endeavor would impact the financial field or nation's economy broadly or create substantial US employment.

A financial manager seeks NIW under EB-2. He claimed his proposed endeavor had substantial merit and national importance. The AAO found substantial merit but not national importance because his work would not extend beyond his employer to impact the financial services field more broadly.

Finance manager sought EB-2 classification with national interest waiver. Service center found advanced degree qualification but denied waiver. Petitioner asserted national importance through financial management benefits and community financial literacy. AAO held proposed work lacked national importance under Dhanasar first prong and dismissed appeal.

Financial manager seeking EB-2 with national interest waiver. Proposed work involves financial management for private security company. Failed first Dhanasar prong: insufficient evidence that proposed financial management work has national importance, broader field implications, significant job creation potential, or substantial positive economic effects. Appeal dismissed.

Financial applications consultant with advanced degree seeks NIW under Dhanasar framework. Claimed proposed financial consulting work has national importance with federal government impact. AAO found petitioner failed first prong: proposed work lacks demonstrated national importance, specific projects, or substantial U.S. economic effects beyond employer and clients.

A financial specialist seeking EB-2 classification with national interest waiver for facilitating Eastern European investment in U.S. real estate. Qualifies as advanced degree holder but fails NIW first prong; proposed endeavor has substantial merit but lacks national importance, showing insufficient economic impact beyond company operations.

Financial analyst petitioner sought national interest waiver. AAO found petitioner qualified for advanced degree classification but dismissed appeal, concluding proposed work lacked national importance under Dhanasar's first prong; services benefited employer and clients only without sufficient evidence of broader economic effects or job creation.