Published AAO appeal decisions

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.

A legal consultant with an advanced degree sought EB-2 national interest waiver for a corporate consultancy business. The AAO dismissed the appeal, holding that projected revenue and job creation from legal and tax services lacked evidence of national importance and did not demonstrate substantial positive economic effects reaching national scale.

Foreign legal consultant sought EB-2 NIW to work as lawyer and consultant facilitating US-Brazil legal trade. Petitioner established advanced degree and professional credentials but failed to show the proposed endeavor would impact the legal field or economy nationally; work would benefit only her clients, not advance the field broadly.

Attorney and tax law specialist seeks NIW for self-employment in legal and tax consulting focused on international trade. AAO dismissed appeal, finding the proposed endeavor lacked national importance, failing the first Dhanasar prong because it would not impact the tax or business law field beyond her direct clients.

A lawyer sought NIW for EB-2 classification. Petitioner claimed the endeavor assisting companies with business transactions would benefit the U.S. economy. The AAO affirmed denial, finding the proposed endeavor lacked national importance because benefits would not extend beyond individual clients or the field generally.

Lawyer with advanced degree sought NIW for employment-based second preference to provide legal services to U.S. businesses. AAO affirmed denial, finding petitioner demonstrated EB-2 eligibility and substantial merit but failed to show national importance required under Dhanasar.

Lawyer with advanced degree sought NIW for EB-2 classification. Petitioner proposed using legal expertise to improve operations and profitability. AAO dismissed because working in an important field is insufficient; proposed endeavor lacked specificity and evidence of national or global implications within legal field.

Legal services entrepreneur sought EB-2 national interest waiver. Claimed business expansion to multiple locations would employ workers and generate economic benefits. AAO dismissed because petitioner failed to demonstrate specific endeavor's national importance beyond business client impact.

Legal analyst with advanced degree sought national interest waiver for self-employment. AAO affirmed denial under Dhanasar because proposed endeavor lacked national importance; petitioner's business would serve only local clients without broader field implications or substantial economic effects beyond her own enterprise.

Investment consultant and attorney sought NIW for consulting company serving foreign clients. Qualified for underlying EB-2 but failed to establish national importance of specific proposed endeavor. Advisory opinion letters addressing industry relevance insufficient without demonstrating prospective impact of particular venture.

A conflict resolution specialist sought NIW to provide mediation and conciliation services to Brazilian immigrants and businesses. AAO found the endeavor had substantial merit but lacked national importance: the business plan showing revenue projections and job creation across four states did not demonstrate substantial prospective impact on regional or national economy or broader field influence beyond limited clients.

An advanced degree professional proposed an endeavor spanning project management, law, and economics including trade policy, corporate law, and women's economic empowerment. The AAO found her endeavor insufficiently defined and failed to establish that individual employment would impact the nation broadly or employment levels, despite labor shortages.

Foreign legal consultant sought EB-2 with national interest waiver. AAO dismissed appeal finding no national importance. Laudable goals for capital accumulation, job creation, and legal innovation lacked evidence of prospective broad impact. Past achievements and conclusions about influence on legal field insufficient without detailed demonstration of field-wide or economic significance.

Foreign legal consultant sought EB-2 with national interest waiver. AAO affirmed denial, finding petitioner qualified for EB-2 and proposed endeavor had substantial merit but lacked national importance. Industry reports and unsupported assertions insufficient to show prospective impact beyond individual clients.

Legal analyst and entrepreneur with advanced degree seeking EB-2 NIW classification proposed business endeavor in legal field. AAO agreed with director that although endeavor had substantial merit, national importance was not established because benefits were isolated to petitioner's company and clients without broader impact on the legal field at national level.

An attorney sought EB-2 national interest waiver for international arbitration legal advisory work. The AAO found the proposed endeavor materially changed in response to RFE, lacked detailed initial description, and failed to demonstrate national importance beyond assisting individual clients despite evidence of ADR field merit. Appeal dismissed.

A public policy consultant proposed independent consulting on international development and U.S. firm partnerships in developing countries. The AAO held her endeavor lacks national importance; while work has substantial merit, it does not extend beyond her consulting clientele to impact the field or U.S. economy at a national level.

Lawyer-entrepreneur sought EB-2 with national interest waiver. AAO found substantial merit in proposed legal services business but dismissed appeal because national importance not demonstrated. Revenue and job projections lacked credible support and regional impact insufficient for national significance.

A manager and lawyer sought national interest waiver for immigration consulting business. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance and the petitioner was not well positioned to advance it, lacking immigration law credentials and prior business ownership experience.

Correctional officer and former Brazilian Army member sought EB-2 exceptional ability classification and national interest waiver. AAO dismissed appeal, finding petitioner failed to meet three of six regulatory evidentiary criteria for exceptional ability, including membership in professional associations, and therefore ineligible for underlying EB-2 classification.