Published AAO appeal decisions

Design release engineer for automotive company sought NIW for work on electric vehicle and autonomous vehicle systems. AAO held beneficiary's specific engineering role, though in important industry, lacks demonstrated broader implications or national importance distinct from general employer significance.

Airline petitions for assistant director of operations and pilot as EB-2 exceptional ability with national interest waiver. AAO reversed service center's approval, finding beneficiary failed three of six evidentiary criteria, lacking relevant academic credentials, sufficient employment verification, and professional association membership.

Machine learning engineer with advanced degree seeks NIW. Claimed AI research would advance field and generate healthcare savings with national importance. AAO found vague descriptions of intended research without specific details or documentation of prospective impact; working in important AI field alone insufficient without demonstrating specific endeavor's national importance.

IT auditor with advanced degree seeks NIW for cybersecurity and AI consulting endeavor. SCOPS revoked approval, concluding endeavor lacks national importance. AAO affirms that petitioner failed to demonstrate national importance; proposed work extends only to employer and customers without evidence of regional or national economic impact or innovation significance.

An employer petitioned for an assistant vice president's EB-2 classification with national interest waiver for developing machine learning and advanced analytics tools for market risk management. The AAO affirmed denial; while the work had substantial merit, employer failed to establish it had national importance or impact beyond the specific employer.

English language arts teacher proposed studying Florida's state assessment test impact in charter schools to improve student outcomes. AAO found the study too narrow in geographic and topical scope to demonstrate national importance despite letters claiming transformative field impact.

Postdoctoral researcher in wireless communications and networking seeking EB-2 NIW. SCOPS denied; first appeal found substantial merit and positioning but denied waiver on balancing prong. Motion to reconsider granted after AAO recognized Ph.D. in STEM field working on critical emerging technology as strong positive factor for national benefit under revised Dhanasar analysis.

Product manager at gaming and streaming company seeks EB-2 NIW. Petitioner claimed endeavor has substantial merit via AI and ML innovation and cybercrime prevention. AAO affirmed Director's finding that endeavor lacks national importance; role's impact confined to employer without demonstrating broader industry implications or substantial economic effects.

A research scientist in experimental nuclear physics sought EB-2 NIW classification. The AAO agreed the proposed endeavor had substantial merit and national importance but found the petitioner was not well positioned to advance it based on education, skills, and record of success. Appeal dismissed without reaching the balancing prong.

Marketing manager sought EB-2 NIW. AAO dismissed appeal, finding insufficient evidence of national importance under Dhanasar's first prong. Petitioner's endeavor lacked detail and specificity; benefits appeared bounded by single employer rather than demonstrating broader national implications.

Financial services manager with MBA sought NIW as EB-2 professional to advance KYC and AML strategies. AAO dismissed, finding proposed endeavor lacks national importance despite industry significance; petitioner failed to demonstrate prospective impact beyond employer benefits.

Platform Engineer II position in cloud infrastructure. Employer-sponsored EB-2 NIW petition. Petitioner established substantial merit but failed to show national importance of the specific endeavor; work benefited only the employer with no demonstrated broader implications or economic effects for the nation.

Sales manager at logistics company sought EB-2 NIW. AAO dismissed appeal, finding proposed endeavor lacked demonstrated national importance under Dhanasar's first prong. Petitioner failed to show how continuing sales management work would impact U.S. economy or sector broadly beyond individual clients.

A research scientist with Ph.D. in industrial engineering employed since 2021 sought EB-2 NIW for developing privacy-enhancing technology in digital advertising and healthcare. The AAO affirmed dismissal, finding inadequately documented prospective national importance. Though research has merit, the petitioner failed to demonstrate specific focus or impact rising to national importance. Later Dhanasar prongs were not reached.

A sports and exercise physiologist seeks EB-2 NIW with an advanced degree. The AAO found the proposed endeavor has substantial merit but lacks national importance. Connection to national health initiatives is insufficient without demonstrating prospective impact. Reserved second and third prongs; dismissed appeal.

A flight training curriculum manager seeking EB-2 national interest waiver claimed the proposed endeavor addresses pilot shortage with national importance. The AAO dismissed, finding insufficient evidence that the consulting services would extend beyond specific companies or offer innovations with wider implications for aviation industry advancement.

A cosmetologist seeks EB-2 NIW classification. The director found exceptional ability and that petitioner was well-positioned to advance the endeavor. The AAO affirmed lack of national importance: the business plan showed no substantial positive economic effects in New York or industry-wide impact on cosmetology, dismissing the appeal.

A solar energy company sponsored an accounting manager for EB-2 NIW work on accounting and financial duties for solar and battery storage projects. The AAO dismissed the appeal, finding the beneficiary's specific services lacked national importance because impact was limited to company and clients, not broader industry or economy.

Employer petitioned for NIW for project controls engineer managing capital improvement contracts for school districts. AAO dismissed appeal because engineer's specific work lacks national importance; role in contract administration does not advance STEM or field broadly; industry significance does not establish endeavor significance.

A battery test engineer seeks NIW for EB-2 with employer sponsorship to develop lithium battery and soft electronics materials. The AAO found substantial merit but not national importance, as the proposed work's impact is confined to the employer and customers without broader field or economic advancement.

A dentist with advanced degree seeks EB-2 NIW to open and operate three dental practices. Although petitioner proposed employing forty workers and advanced implant techniques, the AAO found the endeavor lacks national importance. Benefits accrue only to patients served; no evidence of regional or national economic impact beyond private practice.

International banking manager with advanced degree sought NIW as EB-2 professional. AAO dismissed, finding industry importance does not establish national importance of specific proposed endeavor; petitioner failed to demonstrate prospective impact on field or economy beyond individual employment.

Pharmaceutical company petitioned for EB-2 NIW for data engineer managing digital platforms, AI, machine learning, and clinical trial data. AAO held proposed endeavor lacks national importance; it benefits only employer and collaborators, not broader industry or economy nationally.

Risk management professional with advanced degree seeking NIW for EB-2. Petitioner proposed developing risk models and market risk analytics for national economic benefit. AAO dismissed, finding proposed endeavor lacked national importance. Work was too narrowly tied to employer; vague assertions about preventing economic collapse insufficient. Well-positioned and balance prongs not reached.

Employer petitions for beneficiary seeking EB-2 NIW; beneficiary proposed to work as company president providing moving services to domestic violence victims. AAO affirmed dismissal of motion to reopen; proposed endeavor lacks national importance despite admirable purpose; benefits limited to customers, no broader field implications.