Published AAO appeal decisions

Tax compliance manager with advanced degree from Venezuela seeks NIW. AAO affirmed denial, finding her continued employment with current employer lacked national importance. General industry importance insufficient; specific endeavor must show national or global implications.

A financial manager with advanced degree seeks NIW for EB-2 as self-petitioner. AAO affirmed dismissal because proposed financial management and accounting work, while of substantial merit, lacked national importance; work would benefit specific employers and clients but not impact field or industry broadly.

A financial manager self-petitioner sought EB-2 classification with national interest waiver. The Director found substantial merit and national importance but denied overall. The AAO dismissed the appeal, finding the petitioner failed to establish either advanced degree professional or exceptional ability status, making the underlying EB-2 classification prerequisite unmet.

Financial manager seeks EB-2 classification as advanced degree professional or individual of exceptional ability, plus NIW. AAO held petitioner failed to establish underlying EB-2 eligibility because evidence did not demonstrate either required advanced degree credentials or exceptional ability; therefore NIW eligibility not reached.

Asset manager specializing in insurance and pensions seeks extraordinary ability classification. AAO confirmed three evidentiary criteria met but found final merits not established. Limited and non-sustained media coverage and standard peer review activity insufficient to demonstrate sustained acclaim at top of field.

A financial executive sought a national interest waiver for an EB-2 petition. Although the director found the petitioner qualified as advanced degree professional and the endeavor had substantial merit, the AAO affirmed denial, finding the proposed work lacks national importance because it would not impact the finance industry beyond the employer.

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.

Financial specialist sought EB-1A extraordinary ability classification. AAO dismissed appeal, finding petitioner met only one of ten evidentiary criteria (leading role) and failed to establish three required criteria. Evidence lacked specificity about major significance of contributions and did not demonstrate sustained national or international acclaim required for extraordinary ability.

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.

A software developer and financial analyst sought EB-1A extraordinary ability classification. The AAO dismissed the appeal, finding petitioner met only one of six claimed criteria and lacked evidence of sustained national or international acclaim required at top of field.