Published AAO appeal decisions

A lawyer seeking EB-2 national interest waiver to continue legal practice. AAO held the proposed endeavor lacks substantial national importance under Dhanasar because it would not impact the field or economy broadly, create significant jobs, or show prospective economic effects beyond her future employer.

A crime and intelligence specialist seeking EB-2 exceptional ability and national interest waiver. The AAO found the petitioner met four evidentiary criteria but lacked the requisite degree of expertise significantly above that ordinarily encountered in the field. The waiver prongs were not reached due to failure on the underlying exceptional ability requirement.

A public safety officer seeking EB-2 classification with national interest waiver abandoned his appeal on the threshold issue of underlying EB-2 eligibility. The AAO dismissed the appeal without reaching the Dhanasar analysis because establishing eligibility for the underlying EB-2 classification is a prerequisite for any waiver consideration.

Priest seeking EB-2 NIW for spiritual ministry to Ukrainian Orthodox Church congregation claimed national importance through connection to White House Ukrainian relief initiative and pandemic-related needs. AAO held proposed endeavor lacks national importance because ministering to congregation's spiritual needs has no broader national implications and no substantial positive economic effects.

A self-petitioner with a criminal justice bachelor's degree and some law school study sought EB-2 classification as an advanced degree professional or person of exceptional ability, with a national interest waiver. The appeal was dismissed because the degree, experience and other exceptional ability evidence fell short, so the waiver merits were not reached.

Lawyer from Kazakhstan sought EB-2 with national interest waiver. AAO affirmed denial because endeavor lacked national importance. Russian language skills and geopolitical concerns unpersuasive; proposed immigration paralegal work limited to local scope without broader regional or national impact.

A pastor sought EB-1A extraordinary ability classification through Christian missions work. Although the director found four criteria met, the AAO reversed three findings on review and affirmed only published material. With only one criterion met, the petitioner failed to meet the three-criterion threshold and lacked sustained national or international acclaim.

An international legal consultant sought EB-2 advanced degree classification with NIW. The AAO agreed petitioner qualified as advanced degree professional but found the consulting endeavor lacked national importance, having only local/regional impact without broader field implications.