Published AAO appeal decisions

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.

Credit analyst seeks NIW for EB-2 to establish mortgage lending company in Florida. AAO affirmed denial because proposed endeavor lacked national importance. Regional focus and projected employment of 21 workers insufficient to demonstrate broad impact on industry.

Accountant sought EB-2 NIW classification. AAO found MBA from Brazil not established as U.S. equivalent advanced degree, and experience letters lacked required detail. Petitioner failed to meet exceptional ability criteria. Appeal dismissed because petitioner ineligible for underlying EB-2 classification.

A tax analyst seeks EB-2 classification with a national interest waiver to operate a tax and financial consulting business in Florida. The AAO affirmed the Director's denial, finding the petitioner well-positioned but failing to establish that the proposed endeavor has substantial merit or national importance, as required under Dhanasar.

Self-petitioner entrepreneur in finance seeking NIW as EB-2. Claimed endeavor of financial advisory and training has substantial merit and national importance. AAO held the endeavor lacks demonstrated national importance because evidence does not show broader impact on the finance industry or economy beyond the business itself.

An actuary from Brazil sought EB-2 advanced degree classification and NIW for proposed insurance consulting business. AAO found substantial merit but dismissed appeal because proposed endeavor lacks national importance; no prospective impact beyond own business and clients.

A financial manager sought EB-2 NIW. Director did not analyze underlying EB-2 eligibility. Proposed endeavor providing financial management services has substantial merit but lacks national importance; no evidence of broader field impact beyond serving employer or clients.

An accounting consultant claims NIW for EB-2 exceptional ability classification. The AAO found she failed to meet the advanced degree requirement and did not establish at least three evidentiary criteria for exceptional ability. Since she lacked EB-2 eligibility, the court did not address the NIW national importance prongs.

Accountant and finance professional with advanced degree sought NIW for independent financial consulting and advisory firm. AAO held petitioner established substantial merit but failed to demonstrate national importance because his endeavor lacks evidence of significant U.S. job creation or substantial economic effects.

Financial manager seeking EB-2 NIW to start entrepreneurial financial management company. AAO held revised endeavor materially different from initial proposal, creating ambiguity, and lacks evidence showing how hiring plan and operations would achieve national importance level required by Dhanasar framework.

Financial manager from Brazil sought EB-2 advanced degree classification and NIW. Petitioner did not meet EB-2 requirements due to insufficient post-baccalaureate experience; degree completed only three months before filing with unclear work history timeline.

Financial advisor sought NIW under EB-2 as specialized business consultant in international trade and hospital cost reduction. Petitioner failed to establish national importance of proposed endeavor. AAO dismissed, finding prospective economic impact limited to individual clients rather than broader field or substantial national scope.

Treasurer and controller sought EB-2 with national interest waiver. AAO dismissed because petitioner could not consistently articulate proposed endeavor, transforming it from initial petition through RFE response, preventing meaningful application of Dhanasar framework.

Finance consultant seeks NIW for financial consulting business. AAO held proposed endeavor lacks national importance because unsupported sales forecasts and impact limited to company clientele without demonstrable broader effect on financial services industry or U.S. economy. Appeal dismissed.

A financial and investment analyst entrepreneur sought EB-2 exceptional ability classification and national interest waiver. The AAO dismissed the appeal because the petitioner failed to demonstrate eligibility for the underlying EB-2 classification by meeting the initial evidence threshold, making Dhanasar analysis unnecessary.

A financial manager self-petitioning for NIW sought waiver of job offer for EB-2 classification. He claimed his financial management work has national implications for economic growth. AAO dismissed the appeal, finding insufficient evidence that his specific proposed endeavor has national importance, broader implications in his field, significant employment potential, or substantial economic effects for the nation.