Published AAO appeal decisions

A semiconductor technology researcher with a Ph.D. sought NIW under Dhanasar. USCIS denied, finding advanced degree qualification but failing all three Dhanasar prongs. AAO remanded, finding USCIS did not meaningfully evaluate the record or address petitioner's evidence.

Supply chain manager with advanced degree sought NIW. AAO affirmed dismissal because endeavor has substantial merit but lacks national importance; impact limited to employing company and clients, without demonstrated broader industry or field implications.

Software engineer with Ph.D. in electrical engineering seeks NIW for fraud detection platform development. AAO remanded, finding USCIS mischaracterized the endeavor as biomedical and failed to adequately analyze national importance, positioning, and balance prongs under Dhanasar framework.

Mechanical engineer employed in advanced driver assistance systems sought national interest waiver. AAO held proposed endeavor lacked sufficient concrete examples of broad impact and petitioner did not establish ownership of intellectual property or impact beyond specific employer, failing the substantial merit and national importance prong.

A technology corporation sponsored an engineer for EB-2 with NIW to advance wireless RF digital module design. The petitioner failed to address the third Dhanasar prong (balance favoring waiver) including labor certification impracticality; the appeal arguments were limited and did not meaningfully contest the service center's denial. The appeal was dismissed as the third prong is dispositive.

General manager of construction company in Colombia sought EB-2 classification with national interest waiver for sustainable construction endeavor. SCOPS found advanced degree qualification but denied waiver. AAO affirmed, finding proposed endeavor lacks demonstrated national importance and petitioner failed to show waiver would benefit the United States.

A petitioner with education background in emergency preparedness and school-based disaster response filed a motion to reopen and reconsider a dismissed national interest waiver appeal. The AAO dismissed the motion because the petitioner presented no new facts not previously submitted and failed to demonstrate the prior decision was based on incorrect law or policy.

An industrial engineer with a doctorate in transportation engineering sought an EB-2 national interest waiver for predictive maintenance research. The AAO dismissed, finding the petitioner failed to demonstrate she was well positioned to advance the proposed endeavor despite meeting the first prong.

Biofuels engineer with advanced degree sought waiver based on proposed ethanol production and export optimization. AAO affirmed SCOPS finding that endeavor lacked national importance, being limited to employer and partners without demonstrated broader impact on ethanol industry or economy. Appeal dismissed.

A consultant engineer with 28 years experience sought EB-2 NIW for affordable housing and resilience engineering work. SCOPS approved advanced degree qualification but denied NIW. The AAO affirmed dismissal, finding the proposed endeavor, though in important industry, lacked demonstrated national importance as required by Dhanasar's first prong.

AI engineer self-petitioner sought NIW based on broad plans to advance AI and exponential technologies for healthcare and general use. AAO found no specific proposed endeavor: petitioner discussed general intentions without particularizing data-driven tools, efficiency gains, or LLM inference work. Appeal dismissed; favorable prong determinations withdrawn without specific endeavor.

An entrepreneur seeking EB-2 national interest waiver proposed developing zeolite-based fertilizers, filters, and supplements for agriculture and energy sectors. AAO dismissed the appeal, finding insufficient evidence that his specific endeavor would have national importance or broad field impact beyond promotional materials and general letters.

A machine learning engineer with a master's degree sought EB-2 NIW for research into autonomous driving and robotics systems. The AAO confirmed he met the advanced degree requirement and that his endeavor had substantial merit, but rejected the petition because his proposed research lacked sufficient evidence of national importance under Dhanasar's first prong.

A software engineer at an energy company sought EB-2 NIW for offshore infrastructure modernization work using digital-twin modeling. AAO found endeavor had substantial merit and national importance, and beneficiary was well positioned, but denied waiver because petitioner did not establish that labor certification was incompatible with the work.

A computer scientist with master's degree sought an EB-2 national interest waiver for research in network architecture for data centers. The AAO dismissed, finding the petitioner established substantial merit but failed to prove national importance of the specific proposed endeavor despite industry relevance.

A civil engineering company CEO sought EB-2 classification with a national interest waiver. Under the Dhanasar framework, the AAO found the proposed consulting endeavor lacked demonstrated national importance with broader implications, failing the first prong and requiring dismissal.

Research and development manager in software engineering from China working on machine learning for insurance industry risk assessment. Met first Dhanasar prong on substantial merit and national importance but failed second prong; citations and education alone insufficient to demonstrate well-positioned status. Appeal dismissed.

A forecasting and data analysis researcher sought a national interest waiver for EB-2 classification. The AAO dismissed, finding the first Dhanasar prong met but the second and third prongs unmet: insufficient evidence of being well-positioned to advance the endeavor and that a waiver would benefit the United States.

Electrical engineer sought EB-2 NIW. AAO withdrew SCOPS denial and remanded. Petitioner established substantial merit and national importance of proposed research and that he is well positioned to advance it through education, experience, and expert support. SCOPS must reconsider whether balancing factors favor waiving job offer requirement.

Humanitarian nonprofit petitions for HR manager beneficiary for EB-2 with NIW. Beneficiary holds advanced degree and employer established EB-2 eligibility. AAO dismissed, finding proposed endeavor lacked sufficient national importance to satisfy first Dhanasar prong.

An employer petitioned for an EB-2 national interest waiver for a machine learning engineer developing deep learning and NLP models. The AAO dismissed the appeal, finding the petitioner established substantial merit but failed to demonstrate that the specific proposed endeavor had national importance despite evidence of AI field importance.

A digital marketing company sponsors a data scientist for EB-2 with national interest waiver. The AAO found the beneficiary qualified for EB-2 with an advanced degree and the endeavor has substantial merit, but rejected the waiver because the petitioner failed to demonstrate the proposed work has national importance, only that STEM fields are important generally.

A senior SoC researcher sought EB-2 NIW under Dhanasar. The AAO found substantial merit and national importance of his hardware security research but held he failed to show he is well-positioned to advance it, lacking contemporaneous evidence of impact or specific advancement plan.

Computer scientist with advanced degree proposed developing computer vision and large language models for drug discovery. AAO found SCOPS failed to adequately analyze whether endeavor has substantial merit and national importance, contained contradictory statements on second prong, and insufficiently analyzed third prong. Decision withdrawn and remanded.

Senior manager of data science with Ph.D. in biostatistics sought EB-2 NIW to develop multivariate temporal models using AI for gene regulatory networks and socioeconomic systems. AAO found proposed research has national importance but petitioner's employment role only benefits employer, not the nation; petitioner not well positioned to advance endeavor.