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.