Published AAO appeal decisions

A senior billing analyst sought EB-2 NIW to start a financial consulting business serving small businesses recovering from COVID-19. The AAO dismissed the appeal because the proposed endeavor, though having substantial merit, failed to demonstrate national importance: industry importance does not satisfy Dhanasar, and no evidence showed national or regional economic impact.

A financial manager with advanced degree sought EB-2 NIW classification. Director and AAO agreed substantial merit was established but national importance was not. Petitioner claimed her Brazil-focused financial business would create economic bridges, but lacked independent corroborating evidence; field importance alone was insufficient.

Financial analyst sought EB-2 with NIW for proposed endeavor in financial analysis and automated systems management for small-to-medium businesses. AAO found substantial merit but not national importance; revenue and employment projections were modest and lacked prospective impact beyond regional scope. Appeal dismissed.

Finance specialist sought EB-2 with NIW for a financial services business. The AAO held the petitioner failed to demonstrate national importance because benefits appeared limited to his employer; modest job projections and non-binding letters of intent were insufficient for national-level impact.

Business consultant sought EB-2 with NIW for a business providing financial services and courses to small enterprises and Hispanic communities. The AAO upheld dismissal, finding no error in Director's analysis and concluding petitioner failed to show national importance of the specific endeavor.

A finance and insurance manager with an advanced degree sought NIW. The AAO confirmed EB-2 eligibility but dismissed the appeal, finding the proposed endeavor of process improvement and financial management for multiple companies lacked the national importance required under the first Dhanasar prong; projections for job creation and revenue were insufficient.

Accountant with IFRS expertise sought EB-2 advanced degree classification and national interest waiver to consult with small and medium enterprises. AAO held she qualified for EB-2 but failed to establish national importance of endeavor; her services would not sufficiently extend beyond prospective clients to impact economy broadly or produce substantial positive economic effects.

A compliance manager seeks an EB-2 national interest waiver. The AAO dismissed the appeal because the petitioner failed to adequately define the specific proposed endeavor or demonstrate national importance; generic business activities lack sufficient economic scale for national significance.

Financial services and accounting professional sought EB-2 with national interest waiver to open consulting firm assisting U.S. companies with financial decisions and Latin American expansion. AAO affirmed denial, finding proposed endeavor lacked national importance; business growth projections and client services insufficient to establish substantial positive economic effects.

Self-petitioner, financial management and tax consultant seeking NIW for entrepreneurial consultancy firm. AAO dismissed appeal, finding the proposed endeavor lacked national importance despite substantial merit; impact limited to niche market without broader field implications or significant economic effects.

Financial manager with foreign bachelor's degree in administration sought EB-2 with NIW. Petitioner claimed five years of progressive post-baccalaureate experience as billing analyst. AAO found only four years six months documented, insufficient for EB-2 advanced degree professional eligibility, so dismissed appeal without reaching NIW prongs.

A real estate investment consultant sought EB-2 NIW to create a platform linking U.S. real estate to Latin American investors. The AAO dismissed because the proposed endeavor lacked national importance: evidence addressed industry significance generally, not the specific endeavor's prospective impact, and no substantial positive economic effects were demonstrated.

Entrepreneur and financial manager with advanced degree sought NIW for EB-2 to provide business formation training and financial advice to entrepreneurs and women entrepreneurs. AAO dismissed because evidence lacked probative value and did not demonstrate national importance beyond serving specific clientele.

An accountant with a Brazilian accounting degree sought EB-2 national interest waiver. The AAO found he did not hold a U.S.-equivalent advanced degree and his proposed accounting endeavor lacked national importance, affecting only individual employers without field-wide impact.

Mergers and acquisitions professional in oil and gas industry seeking EB-2 with national interest waiver. Claimed endeavor has substantial merit and national importance through energy sector criticality and applicant expertise. AAO found no sufficient evidence of specific endeavor's prospective impact beyond employer.

IT accountant seeks EB-2 with NIW for work in tax automation and cloud computing. AAO held that while the field is important, his specific proposed endeavor lacks national importance because it affects only his employers and does not benefit the field broadly.

A financial analyst sought EB-2 classification as an advanced-degree professional plus a national interest waiver. The AAO found him eligible for EB-2 but determined his proposed endeavor lacked national importance; appeal dismissed without reaching waiver discretion.

An entrepreneur with advanced degree seeks EB-2 NIW to establish financial consulting firm projecting 25 employees and $5.8 million revenue. AAO held the proposed endeavor lacks demonstrated national importance because job creation and revenue projections are insufficient to show substantial economic benefit, and petitioner failed to show specific endeavor impacts field broadly.

A legal tax consultant sought EB-2 NIW for establishing a consulting company to serve small and medium-sized businesses. The AAO found substantial merit but concluded the petitioner failed to demonstrate the specific endeavor would have national importance or broader industry impact beyond his clients.

Pharmaceutical and healthcare consultant sought EB-2 with national interest waiver to provide professional advice through independent consultancy. AAO dismissed appeal, finding proposed endeavor lacked national importance; insufficient evidence of broader field implications or substantial positive economic effects beyond individual clients.

Economic development professional with master's degree sought EB-2 NIW. Proposed endeavor: developing international expansion strategies for SMEs in Latin American trade. AAO upheld denial, finding substantial merit but no national importance; evidence about field importance did not establish prospective impact of specific endeavor on SMEs, trade volume, or economy.

An entrepreneur with advanced degree sought NIW for self-employment operating accounting and financial consulting firm. AAO dismissed because proposed endeavor lacked national importance; business plan and job creation projections did not demonstrate regional or national impact.

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 for proposed financial consultancy services company. AAO dismissed appeal, finding proposed endeavor lacked national importance; insufficient detail on business plans or how services would achieve scale necessary for substantial positive economic effects.

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.