Published AAO appeal decisions

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.

Public policy advocate and project manager with doctorate and master's degree seeking NIW classification. Petitioner proposed sustainable farming and biomass fuel development endeavor and submitted recommendation letters. AAO held proposed endeavor lacked national or global implications required under Dhanasar first prong; appeal dismissed.

Petitioner sponsored lawyer beneficiary for EB-2 national interest waiver in bankruptcy and student loan law. First Dhanasar prong failed because specific endeavor lacks national importance; work limited to individual client representation without broader impact on field. Reserved remaining prongs.

Legal consultant with degree sought EB-2 national interest waiver. AAO found petitioner lacked required five years progressive work experience after degree and failed to establish national importance of proposed endeavor under Dhanasar first prong, making second and third prongs unnecessary.

An attorney from Brazil seeks EB-2 with national interest waiver in tax and business law. The AAO found the petitioner did not qualify as an advanced degree professional or individual of exceptional ability, lacking required documentation and failing final merits review. Without underlying EB-2 eligibility, the NIW claim was not addressed.

Foreign legal consultant seeking EB-2 NIW claimed advanced degree or exceptional ability. AAO held petitioner failed to establish underlying EB-2 eligibility because master's degree awarded after filing and insufficient progressive experience documented at filing. National interest waiver analysis reserved.

Attorney seeks NIW for EB-2 advanced degree classification to start law firm providing immigration and legal services. AAO dismissed appeal, finding no demonstrated national importance: occupational shortage does not establish national importance, and impact limited to own clients without broader field advancement.

Corporate legal practitioner sought EB-2 national interest waiver for work developing ESG compliance legal frameworks. AAO dismissed appeal, finding while proposed endeavor has substantial merit, petitioner failed to establish national importance because work would benefit specific clients without broader implications to legal field analogous to improved manufacturing or medical advances.

Lawyer with Turkish law degree and eight years experience proposed providing comprehensive legal consulting in corporate law, international trade, immigration, and intellectual property. AAO dismissed appeal, finding no evidence the specific endeavor would have national importance or broader field impact, only general industry benefit.

Legal consultant seeking EB-2 national interest waiver as entrepreneur in legal consulting field serving US-Brazil trade relations. AAO held endeavor had substantial merit but lacked demonstrated national importance; petitioner's professional qualifications relate to ability to advance endeavor but not to national importance of specific proposed business activities.

A pastoral psychology and theology professional seeks EB-2 national interest waiver for proposed family counseling center. The AAO dismissed the appeal, adopting the Director's decision that the petitioner failed to establish national importance. While the services address important social needs, evidence does not demonstrate substantial positive national economic effects or broader field impact.

Occupational health and safety specialist seeking EB-2 exceptional ability and NIW for Massachusetts consultancy firm. Director found substantial merit but not national importance. AAO affirmed that business projections and letters of intent did not demonstrate how the firm would broadly impact the field or economy beyond specific clients.

Legal consultant sought EB-2 with national interest waiver for legal consulting services. Advanced degree qualification accepted. AAO held proposed endeavor lacked national importance because consulting benefits were limited to prospective employers and clients without broader economic or industry impact.

Attorney sought EB-2 advanced degree or exceptional ability classification with NIW. Director denied motion to reconsider without establishing new legal analysis. AAO dismissed appeal holding director properly followed procedural requirements for motion denial.

A legal analyst and entrepreneur sought NIW under Dhanasar, claiming advanced degree status and national importance of proposed legal consulting business. AAO dismissed because proposed endeavor lacked broader implications beyond company clientele; no substantial positive economic effects at national level demonstrated.

Compliance attorney in healthcare fraud and tax law seeks NIW. Claimed endeavor has substantial merit and national importance identifying healthcare waste and ensuring tax compliance. AAO affirmed denial, finding no showing that proposed work extends beyond current employers or impacts field broadly, lacks significant employment or economic benefits.

A legal analyst sought EB-2 classification with national interest waiver. The AAO dismissed the appeal, finding the proposed endeavor—legal analysis for U.S. companies and individuals—lacked the broader implications, national or global reach, and significant employment or economic impact required by Dhanasar's first prong.

A patent attorney seeking self-employment as affordable patent counsel for innovators and small businesses claimed national importance based on USPTO innovation initiatives. The AAO held the endeavor lacks national importance because it would benefit only individual clients, not impact patent law broadly, and requires substantial positive economic effects beyond individual benefit.

Social worker seeks NIW to establish nonprofit focused on mental health and benefits access for Hispanic communities. AAO held endeavor lacks national importance; petitioner's qualifications relate to prong two, not the endeavor's prospective impact itself. First prong failure dispositive.