Published AAO appeal decisions

Conflict resolution consultant with master's degree in global development and peace seeks NIW. AAO dismissed appeal because proposed endeavor, though with substantial merit, lacks sufficient evidence of broader field impact and qualitative significance required for national importance under Dhanasar.

A legal consultant with a recent law degree sought EB-1A classification. The AAO found two claimed criteria unmet: membership in professional associations lacked evidence of outstanding achievement requirements, and a published article did not qualify as scholarly work for learned professionals. No final merits analysis followed.

Brazilian-trained attorney sought NIW for family law mediation practice in Delaware. Qualified for underlying EB-2 advanced degree classification. AAO affirmed dismissal because petitioner failed to show proposed endeavor has national importance, lacking evidence of broader impact beyond local services or how foreign law expertise benefits U.S. practice.

International tax law consultant sought national interest waiver for EB-2 advanced degree petition. AAO affirmed denial, finding proposed endeavor lacks national importance despite substantial merit and positioning. Work benefits confined to employer; no evidence of broader field or national implications required.

Immigration attorney seeking NIW to provide visa guidance to foreign nationals. Claimed endeavor advances U.S. talent attraction priorities. AAO dismissed, finding specific proposed work lacked national importance; it would benefit individual clients without demonstrating prospective impact on immigration field or economy broadly.

Lawyer proposing consulting firm providing legal advice on digital asset financial safeguarding. Claimed national importance through government policy alignment and industry support. AAO held proposed endeavor lacks national importance: services already provided by others, no broader implications, no significant U.S. employment potential.

A former judge seeks extraordinary ability classification based on judicial work in Armenia. The AAO found the petitioner met only the original contributions criterion and one criterion already accepted by the service center, falling short of the required three criteria. Appeal dismissed because threshold initial evidence requirements were not satisfied.

A lawyer seeking EB-2 with national interest waiver for cybersecurity compliance services claimed his endeavor addresses urgent industry needs and creates jobs. The AAO dismissed the appeal, holding that working in an important field is insufficient; the petitioner failed to demonstrate his specific proposed endeavor has national importance or substantial prospective economic impact.

Brazilian lawyer with bar membership and limited publications sought EB-1A extraordinary ability classification. AAO dismissed appeal, finding no major award and failure to meet at least three regulatory criteria; record lacked evidence of sustained national or international acclaim required for extraordinary ability.

Lawyer seeking EB-2 advanced degree classification and national interest waiver to establish legal consultancy for sustainable energy. Claimed substantial merit and national importance for Center for Legal Innovation in Sustainable Energy but failed to demonstrate national importance or specific improvements over existing initiatives. AAO dismissed appeal; first and third prongs not established.

A legal consultant sought EB-1A extraordinary ability classification. The AAO held that the petitioner did not meet any of the ten evidentiary criteria and failed the threshold initial evidence requirement, so a final merits determination was not reached.

Lawyer seeks NIW for EB-2 classification to establish immigration law firm providing legal services to immigrants. AAO found proposed endeavor lacked national importance; petitioner did not demonstrate how services would differ from existing firms or impact field broadly; appeal dismissed.

An attorney sought EB-2 NIW classification for fire safety compliance work. SCOPS initially approved but revoked, finding no national importance. AAO affirmed dismissal, holding that working in an important field alone is insufficient; petitioner must show proposed endeavor's prospective impact reaches national importance level.

A lawyer and legal entrepreneur in self-petitioner status sought EB-2 with NIW. The applicant claimed substantial merit and national importance for a legal practice advising startups and cybersecurity. The AAO dismissed the appeal because the petitioner failed to demonstrate national importance: the business plan lacked specificity about economic impact, job creation, or projected benefits; merely working in an important field is insufficient.

Advanced degree professional in human trafficking prevention seeking EB-2 national interest waiver. Petitioner established substantial merit but failed to demonstrate national importance of specific proposed endeavor. While human trafficking prevention is federally recognized as priority, petitioner's individual work lacks evidence of prospective national or global impact beyond immediate clients. Appeal dismissed.

A public security consultant with exceptional ability claims NIW for EB-2, proposing crime prevention and law enforcement collaboration. The AAO dismissed because the petitioner failed to demonstrate that the specific proposed endeavor would have national importance beyond direct clients served.

Military chaplain with advanced degree sought NIW for proposed endeavor addressing servicemember suicide and extremism. AAO affirmed dismissal because the endeavor lacks national importance; impact confined to individuals receiving services, not the broader field or national interest.

Lawyer seeks EB-2 national interest waiver to advance environmental education nonprofit focusing on climate change and sustainable practices in K-12 schools. AAO affirmed denial, finding proposed endeavor lacks national importance as it would not extend beyond local students to impact the field broadly or demonstrate substantial economic effects.

An assistant professor of criminology seeking EB-2 with NIW to conduct research on combating human trafficking claimed substantial merit and national importance. The AAO found substantial merit but insufficient evidence that the specific research endeavor would impact national response to trafficking at the required level.

Paralegal seeks EB-2 exceptional ability classification and NIW. AAO dismissed appeal, finding petitioner did not establish exceptional ability, meeting only two of six required criteria. Failure to qualify for underlying EB-2 classification rendered NIW analysis unnecessary.

An attorney with advanced degree sought EB-2 NIW for providing international law consulting in foreign investment and trade. The AAO found the endeavor lacked demonstrated national importance as it would not sufficiently extend beyond the petitioner's clients to impact the field or economy broadly, thus failing the first Dhanasar prong.

Lawyer with advanced degree sought EB-2 national interest waiver for renewable energy law practice. Director found substantial merit but denied national importance; AAO affirmed. Petitioner conflated importance of renewable energy field with importance of his specific proposed legal services. Lacked objective corroborating evidence of national impact. First prong failed; second and third prongs not reached. Dismissed.

A journalist with a master's degree sought EB-2 classification with a national interest waiver to establish an institute on U.S.-European relations and countering disinformation. The AAO dismissed the appeal, finding the petitioner failed to meet the third Dhanasar prong: while U.S. would benefit from contributions, the petitioner did not show impracticality of securing a job offer, labor certification, or sufficient urgency.

Criminal defense lawyer in Brazil sought EB-1A extraordinary ability classification. AAO held he met only one of three required alternative criteria (published material); original contributions and scholarly articles not established; overall evidence insufficient for sustained national or international acclaim.

Brazilian lawyer and business owner claims EB-1A extraordinary ability based on legal practice and labor reform publications. AAO held she failed to meet three required criteria; awards lack field-specific recognition and comparative salary data absent for self-employed practitioners.