Published AAO appeal decisions

Lawyer and entrepreneur sought EB-2 NIW to establish firm facilitating Brazilian-U.S. business connections. AAO held proposed endeavor lacked national importance under Dhanasar's first prong because beneficiary showed insufficient broader field impact and inadequate projections demonstrating substantial economic benefits.

An assistant professor of sociology seeking EB-2 with NIW claimed her research on criminal justice reform technology has national importance. The AAO found her endeavor has substantial merit but lacks the specific prospective national impact required under Dhanasar, dismissing the appeal.

Legal consultant self-petitioned for EB-2 NIW to facilitate business transactions for U.S. investors entering Albanian market. AAO found substantial merit but no national importance because impact limited to individual clients without broader field implications. Appeal dismissed.

Legal consultant in alternative dispute resolution sought EB-2 with national interest waiver. Proposed establishing consultancy for ADR and public bond investment. AAO dismissed, finding the specific endeavor lacked demonstrated national importance; petitioner confused field importance with endeavor-specific impact and failed to show broader implications.

Social work program manager entrepreneur seeks NIW to establish mental health technology platform for students, school staff, and parents via mobile app and consulting. Petition claimed substantial merit and national importance. AAO found substantial merit but no national importance; impact limited to individual clients without broader field-wide or economic effects.

A lawyer sought EB-2 national interest waiver (NIW). He initially stated vague intent to continue studies and practice, then materially changed his proposed endeavor on appeal to establish a legal consulting and education business. The AAO dismissed because he did not establish a specific proposed endeavor at filing, and changed proposals cannot cure defects.

A climate change policy analyst sought NIW under EB-2. SCOPS denied the petition solely for defective attorney signatures (photocopied rather than original handwritten). The AAO remanded the matter, holding SCOPS should have processed the petition as if the defective notice of representation had not been submitted.

An attorney with advanced degrees seeks NIW to develop AI legal technology. AAO dismissed appeal, holding that while industry importance aligns with government priorities, petitioner failed demonstrating specific proposed endeavor's prospective impact at national importance level required by Dhanasar.

Occupational health professional appealed NIW denial under Dhanasar framework. AAO affirmed that while proposed endeavor had substantial merit, petitioner failed to establish its national importance. Consulting business lacked sufficiently specific prospective national impact and significant potential to employ U.S. workers or generate substantial economic effects. Appeal dismissed.

Attorney specializing in intellectual property and cybercrime seeking EB-2 NIW proposed consulting business with claimed job creation and tax benefits. AAO dismissed, finding endeavor lacks sufficient national importance and evidence does not demonstrate broader impact on field beyond specific business and clients.

Associate attorney holding advanced degree sought EB-2 NIW for continued practice in cross-border tax law and foreign investment facilitation. SCOPS granted advanced degree qualification but denied waiver. AAO affirmed: petitioner's field and experience are material to second prong but immaterial to first prong; specific endeavor lacks evidence of broader implications, job creation, or substantial economic effects constituting national importance. Appeal dismissed.

An attorney proposed work as a professional mediator through her own company. The AAO dismissed the appeal, holding the applicant failed the first prong because individual mediation services lacked national importance; she provided no expert evidence showing field-wide impact or connection to national initiatives.

Conflict resolution consultant with master's degree in global development and peace seeks NIW. AAO dismissed appeal because proposed endeavor, though with substantial merit, lacks sufficient evidence of broader field impact and qualitative significance required for national importance under Dhanasar.

Brazilian-trained attorney sought NIW for family law mediation practice in Delaware. Qualified for underlying EB-2 advanced degree classification. AAO affirmed dismissal because petitioner failed to show proposed endeavor has national importance, lacking evidence of broader impact beyond local services or how foreign law expertise benefits U.S. practice.

International tax law consultant sought national interest waiver for EB-2 advanced degree petition. AAO affirmed denial, finding proposed endeavor lacks national importance despite substantial merit and positioning. Work benefits confined to employer; no evidence of broader field or national implications required.

Immigration attorney seeking NIW to provide visa guidance to foreign nationals. Claimed endeavor advances U.S. talent attraction priorities. AAO dismissed, finding specific proposed work lacked national importance; it would benefit individual clients without demonstrating prospective impact on immigration field or economy broadly.

Lawyer proposing consulting firm providing legal advice on digital asset financial safeguarding. Claimed national importance through government policy alignment and industry support. AAO held proposed endeavor lacks national importance: services already provided by others, no broader implications, no significant U.S. employment potential.

A lawyer seeking EB-2 with national interest waiver for cybersecurity compliance services claimed his endeavor addresses urgent industry needs and creates jobs. The AAO dismissed the appeal, holding that working in an important field is insufficient; the petitioner failed to demonstrate his specific proposed endeavor has national importance or substantial prospective economic impact.

Lawyer seeking EB-2 advanced degree classification and national interest waiver to establish legal consultancy for sustainable energy. Claimed substantial merit and national importance for Center for Legal Innovation in Sustainable Energy but failed to demonstrate national importance or specific improvements over existing initiatives. AAO dismissed appeal; first and third prongs not established.

Lawyer seeks NIW for EB-2 classification to establish immigration law firm providing legal services to immigrants. AAO found proposed endeavor lacked national importance; petitioner did not demonstrate how services would differ from existing firms or impact field broadly; appeal dismissed.

An attorney sought EB-2 NIW classification for fire safety compliance work. SCOPS initially approved but revoked, finding no national importance. AAO affirmed dismissal, holding that working in an important field alone is insufficient; petitioner must show proposed endeavor's prospective impact reaches national importance level.

Senior legal advisor with advanced degree sought EB-2 with national interest waiver. Service center denied without analyzing evidence against Dhanasar framework. AAO remanded because service center failed to discuss evidence, identify insufficiencies, or explain conclusions for any of the three prongs required for meaningful appellate review.

A lawyer and legal entrepreneur in self-petitioner status sought EB-2 with NIW. The applicant claimed substantial merit and national importance for a legal practice advising startups and cybersecurity. The AAO dismissed the appeal because the petitioner failed to demonstrate national importance: the business plan lacked specificity about economic impact, job creation, or projected benefits; merely working in an important field is insufficient.

Advanced degree professional in human trafficking prevention seeking EB-2 national interest waiver. Petitioner established substantial merit but failed to demonstrate national importance of specific proposed endeavor. While human trafficking prevention is federally recognized as priority, petitioner's individual work lacks evidence of prospective national or global impact beyond immediate clients. Appeal dismissed.

A public security consultant with exceptional ability claims NIW for EB-2, proposing crime prevention and law enforcement collaboration. The AAO dismissed because the petitioner failed to demonstrate that the specific proposed endeavor would have national importance beyond direct clients served.