Published AAO appeal decisions

Social worker seeks EB-1A classification for extraordinary ability. Claimed authorship of scholarly articles and leading role in established organization. AAO found unpublished manuscripts and insufficient evidence of distinguished organizational reputation; failed to meet three required criteria; appeal dismissed.

An attorney seeking registration as registered foreign legal consultant in California requested EB-2 national interest waiver. The AAO found no well-detailed proposed endeavor description, no demonstration that cross-border legal advice would have significant broader implications, and noted post-filing evidence of French legal authorization was untimely. Appeal dismissed.

Tax attorney sought EB-2 with national interest waiver. AAO withdrew director's unsupported denial of advanced degree qualification but affirmed NIW denial. Proposed endeavor, though meritorious, lacked broader field impact or prospective implications beyond individual clients.

International taxation lawyer sought EB-2 with national interest waiver to establish law firm. Claimed HUBZone eligibility and employment potential. AAO dismissed appeal, finding proposed endeavor lacked national importance; vague location plans, modest employment and revenue projections insufficient for national benefit.

A medical doctor practicing medical malpractice litigation sought EB-1A extraordinary ability classification. The AAO dismissed the appeal, finding the petitioner satisfied only one of ten criteria and lacked sustained national or international acclaim required to demonstrate extraordinary ability.

Legal consultant with advanced degree sought national interest waiver for consulting work supporting U.S. small and medium enterprises in internationalization. AAO found endeavor has substantial merit but lacks national importance; modest job creation projections insufficient to demonstrate prospective impact at national level. Appeal dismissed.

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.

A tax consultant with a law degree sought EB-1A extraordinary ability classification. She claimed six criteria but met none. The AAO found her honors and publications did not meet regulatory standards and her achievements, while notable in academia, lacked the sustained national or international acclaim required for extraordinary ability.

Attorney and social responsibility expert seeks NIW for EB-2 advanced degree classification. Proposed creating business promoting family values, work-life balance, and social responsibility. AAO dismissed appeal, finding proposed endeavor lacks national importance despite substantial merit; evidence showed past philanthropy but no evidence of prospective impact at national level.

Political scientist sought EB-2 national interest waiver after qualifying for advanced degree classification. Director found substantial merit but not national importance. AAO affirmed, holding petitioner failed to demonstrate specific prospective impact of Central Asian affairs research on field or U.S. economy at requisite level.

A police sheriff sought national interest waiver for law enforcement or corporate security consulting work. The AAO found the petitioner does not qualify as advanced degree professional and failed to demonstrate her proposed endeavor has national importance beyond specific employers or school programs.

Intellectual property specialist sought national interest waiver for proposed company providing IP services to biotech, tech, and art companies. AAO held industry importance insufficient; petitioner's specific IP audit services lack sufficient prospective impact on field or regional economy. Appeal dismissed.

Legal analyst sought EB-2 national interest waiver. Director found petitioner qualified for underlying EB-2 classification but failed all three Dhanasar prongs. AAO affirmed, finding petitioner changed proposed endeavor from legal analyst to legal business analyst entrepreneur, preventing coherent Dhanasar analysis.

An attorney specializing in international dispute resolution and arbitration claimed EB-1A classification. The Director improperly dismissed the petition without analyzing evidentiary criteria, wrongly concluding attorneys fall outside extraordinary ability categories. The AAO found the petitioner's work in international arbitration falls within the business field and remanded for proper evaluation of claimed criteria.

Legal analyst with advanced degree sought NIW. AAO found proposed work has substantial merit but lacks national importance because it would not extend beyond employer and clientele to impact field broadly or demonstrate substantial positive economic effects for the nation.

Legal consultant with advanced degree sought NIW. Director approved advanced degree qualification but denied NIW. AAO affirmed, finding proposed legal consulting work for Brazil–South America clients lacks national importance despite substantial merit, as it lacks broader field impact or substantial U.S. economic benefit.

International law attorney filed 15th combined motion to reopen and reconsider EB-1A denial. Motion fails procedural requirements for reopening; newly submitted evidence post-dates petition filing and does not demonstrate eligibility at time of filing. Prior dismissal affirmed across multiple motions. Motion dismissed.

Research analyst with advanced degree sought NIW for EB-2 proposing research on preventing recidivism in juvenile detention facilities. AAO found beneficiary qualified for EB-2 but dismissed because proposed endeavor lacked sufficient evidence of national importance or broader field impact.