Published AAO appeal decisions

Human rights attorney sought EB-2 with national interest waiver. While demonstrating exceptional ability and current human rights work, petitioner failed to articulate a specific future endeavor with substantial merit and national importance under Dhanasar. Continuing employment in current position does not constitute sufficient proposed endeavor.

Conflict resolution consultant with advanced degrees seeks NIW for mediation services in schools. Petitioner established substantial merit but failed to demonstrate national importance of specific proposed endeavor. Evidence discussed importance of conflict resolution generally, not petitioner's particular services or their broader field impact or economic effects.

Legal consultant seeking EB-2 NIW claimed proposed endeavor in specialized legal services would transform legal industry. AAO dismissed appeal, finding no national importance shown; work would impact only clients, not broader field, and petitioner failed to demonstrate how initiative would create jobs or substantial economic effects.

A lawyer seeking EB-2 with NIW to provide legal consulting services in Brazil-U.S. trade. The AAO affirmed he held an advanced degree but found his proposed endeavor lacked national importance because job creation of 15 positions and expected revenue in a $400-billion sector showed insufficient prospective economic impact.

Legal consultant sought EB-2 classification with NIW for legal consulting work. AAO affirmed Director's finding that while the endeavor has substantial merit, it lacks national importance because record showed no projected economic impact or job creation sufficient to demonstrate substantial effects benefiting U.S. economy.

Individual with advanced degree sought NIW to advance international development work focused on Honduras-U.S. immigration nexus. AAO dismissed because proposed endeavor lacked demonstrated national importance; creating 16 U.S. positions and stated impact on immigration system insufficient to meet Dhanasar first prong.

A lawyer sought NIW for employment as a law consultant advising corporations on Latin American business expansion. The AAO dismissed the appeal, finding no national importance despite interest from specific companies; the endeavor lacked broader field implications or significant employment potential.

A legal consultant sought EB-2 NIW classification with advanced degree. The AAO found she failed to establish five years progressive experience required for advanced degree professional status, thus ineligible for underlying EB-2 classification. Even considering Dhanasar merits, the proposed endeavor lacked demonstrated national importance.

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.