Published AAO appeal decisions

A legal consultant sought EB-2 national interest waiver for paralegal and legal consulting work. The AAO dismissed the appeal, finding the specific proposed endeavor lacked national importance despite petitioner's fifteen years of experience, as no documentation showed prospective impact or economic effects at national level.

Legal consultant in Brazilian and international law sought EB-2 classification and national interest waiver. AAO dismissed appeal, finding petitioner's specific endeavor lacked national importance under Dhanasar's first prong despite petitioner's substantial credentials and field importance.

Social worker with master's degree seeking NIW for EB-2 classification for self-employment in social services. AAO held petitioner did not establish national importance, as projected job creation and field importance alone insufficient to demonstrate broader impact on social work profession.

Lawyer seeking NIW for EB-2 advanced degree classification to establish law practice facilitating cross-border transactions. AAO held petitioner failed to demonstrate national importance of proposed endeavor, as projected revenue and client benefits lack broader implications for legal services industry or economy.

Attorney sought EB-2 NIW for sustainable investment and renewable energy work. Initial proposal for legal/tax expertise in private equity shifted to biogas distributor ownership during RFE response. AAO dismissed: Dhanasar framework cannot apply to inconsistently articulated endeavors; petitioner's multiple reversals prevented evaluation of merit and national importance.

An anti-corruption and investigations specialist sought EB-2 with national interest waiver for police department work. The AAO dismissed the appeal, finding the petitioner ineligible for the underlying EB-2 classification and that the proposed endeavor lacked national importance under Dhanasar's first prong.

Attorney sought self-petitioner NIW as legal consultant assisting multinational companies in U.S.-Brazil business negotiations. Claimed national importance through economic and trade relationship benefits. AAO found substantial merit but rejected national importance because petitioner failed to demonstrate her specific endeavor would have broader implications beyond general importance of U.S.-Brazil trade.

Legal professional holding advanced degree sought national interest waiver. Director found substantial merit but not national importance of initial endeavor. Petitioner submitted new endeavor in RFE response; AAO rejected it as material change and evaluated only initial endeavor (general legal practice), which lacked national importance. Appeal dismissed.

A lawyer with advanced degrees from Brazil seeks EB-2 classification and national interest waiver. She claimed her work in intellectual property, business law, and animal rights advocacy in Latin America would advance U.S.-Brazil relations and strengthen trade. The AAO found substantial merit but no national importance: her assertions lacked specificity and evidence of measurable economic impact or broader implications beyond general legal practice.

Legal analyst and entrepreneur sought EB-2 national interest waiver. AAO dismissed appeal, finding generalized legal consultancy services lacked sufficient national importance; record did not demonstrate prospective impact beyond company and clients to affect legal consulting field broadly.

Legal consultant from Brazil sought NIW as EB-2 advanced degree professional. AAO dismissed appeal, agreeing with director that while proposed endeavor had substantial merit, applicant failed to establish national importance because general legal consulting lacked demonstrated prospective impact on field or economy.

Self-petitioner attorney sought EB-2 NIW for proposed international business consulting and maritime law endeavor. Submitted curriculum vitae, recommendation letters, credentials, and industry reports. AAO held proposed endeavor did not demonstrate national importance; petitioner misunderstood Dhanasar framework by emphasizing past performance rather than specific endeavor impact.

Researcher, teacher, and policy adviser sought EB-2 advanced degree classification and NIW. AAO reversed director on national importance prong but affirmed denial on second prong: published research does not prove petitioner well positioned to advance the specific proposed endeavor without additional evidence of progress or success.

Legal consultant with advanced degree sought NIW for EB-2 classification. Petitioner claimed national importance of proposed endeavor assisting businesses with international trade and market entry. AAO held specific endeavor lacked sufficient prospective economic impact; job creation and tax revenue from legal consulting did not meet national importance threshold.

Recent law school graduate and former police officer seeks NIW for EB-2 to practice law. Proposes to represent clients in court, advocate for policy changes, and promote community rights awareness. AAO holds lawyer shortage alone insufficient and petitioner failed to demonstrate prospective impact beyond direct clients and employer or substantial positive economic effects at national level.

Legal services provider sought NIW as self-petitioner under EB-2 advanced degree category. AAO dismissed appeal finding petitioner lacks five years progressive post-baccalaureate experience in specialty and failed to provide required academic equivalency evaluations, making underlying EB-2 eligibility impossible to establish.

A retired police colonel and risk management auditor sought EB-2 with NIW for consulting on money laundering and BASC standards. The AAO dismissed because proposed work with individual clients lacked national importance; no showing of field-wide or broader implications.

An attorney sought EB-2 NIW for a proposed mediation and conciliation company. The AAO affirmed dismissal of motions to reopen, finding the petitioner failed to demonstrate substantial merit and national importance of her specific endeavor, and that she was not well-positioned to advance it beyond industry-wide importance.

Lawyer seeking EB-2 with NIW to establish consulting firm advising U.S. businesses on Brazilian market entry and law. Petitioner claimed endeavor impacts nationally important issues and employs CRM technology. AAO held endeavor lacks national importance; client-focused consulting does not extend beyond individual firm to impact field broadly.

Lawyer and privacy professional seeking EB-2 classification with national interest waiver for privacy consulting endeavor. Conceded advanced degree qualification but failed first Dhanasar prong of substantial merit and national importance. AAO found proposed endeavor lacked broader implications beyond individual clients and specific clientele.