Published AAO appeal decisions

Finance entrepreneur seeks NIW for consulting company connecting Brazilian investors to US financial products. Claimed substantial merit and national importance. AAO found specific proposed endeavor lacked demonstrated national importance despite broad industry relevance.

Accountant sought EB-2 NIW for tax and business services to companies and individuals. AAO dismissed: while endeavor has substantial merit, petitioner failed to show broader national or global impact required for national importance. Government initiatives and industry developments do not establish her specific endeavor's national importance.

An accounting professional and entrepreneur sought exceptional ability and national interest waiver. The AAO found he met only one of six exceptional ability criteria. Because he failed the foundational EB-2 requirement, the AAO declined to reach the national interest waiver analysis and dismissed the appeal.

Finance manager with Brazil business expertise seeks NIW for EB-2 to establish consulting company. Business plan projects 23 staff and 41 direct jobs in year five. AAO holds proposed endeavor lacks national importance; modest job creation in large industry does not constitute substantial positive economic effects, and no showing of broader impact beyond company and customers.

Entrepreneur in financial management sought EB-2 advanced degree classification with national interest waiver. Director denied petition on national importance grounds. AAO affirmed, finding proposed endeavor providing financial consulting to small businesses did not demonstrate national importance; no specific evidence of job creation, broader field impact, or substantial economic effects required by Dhanasar.

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.

Advanced degree holder in mechanical engineering seeks NIW for reinsurance brokerage company. Petitioner argued field importance and government policy alignment but failed to demonstrate specific endeavor's national importance. Business plan projected $1.4M to $2.5M revenue and seven to ten jobs but lacked evidence of broader industry or economic impact. AAO dismissed; first Dhanasar prong not satisfied.

Reinsurance executive petitioned for EB-1A extraordinary ability classification. Claimed eight criteria but established only one (leading or critical role). AAO affirmed petitioner failed to meet membership and high salary criteria, did not reach original contributions, and concluded record lacked evidence of sustained acclaim or top-tier standing required.

Tax specialist with advanced degree seeks EB-2 NIW for financial audit and tax services. AAO affirmed petitioner qualified for EB-2 as advanced degree professional but held proposed venture, while meritorious, lacked national importance. Serving U.S. businesses' financial compliance is insufficient without demonstrating substantial national-level economic impact.

Self-petitioner business administration and finance professional seeks EB-2 NIW for telemedicine supply chain management consultancy. AAO held proposed endeavor fails first Dhanasar prong; while adjacent to national initiatives, specific endeavor lacks demonstrated national importance or government agency interest.

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.