Published AAO appeal decisions

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.

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.

Lawyer and legal entrepreneur self-petitioned for EB-1A extraordinary ability classification. Claimed six criteria including awards, membership, publications, contributions, roles, and salary. AAO dismissed, finding petitioner met none of the criteria; director's analysis was thorough and unanswered on appeal.

A humanitarian and social worker claimed extraordinary ability under three EB-1A criteria: awards, judging, and leading roles. The AAO affirmed the denial, finding the awards lacked demonstrated national or international recognition. With only two criteria claimed and one rejected, the petitioner could not meet the minimum three required criteria, so remaining criteria and final merits were not addressed.

A lawyer sought extraordinary ability classification. The service center denied the petition and then dismissed a combined motion to reopen and reconsider. On appeal, the AAO summarily dismissed because the brief argued the original denial's merits and never addressed the motion dismissal, so the issues were abandoned and no criteria were decided.

Egyptian lawyer claims extraordinary ability under four criteria: membership, leading role, high salary, and original contributions. AAO affirmed denial. Membership in bar association was mandatory for all practitioners, not selective. Leading role claims lacked evidence of distinguished organizations. Salary evidence insufficient for comparative analysis. No sustained international acclaim demonstrated.

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.