Published AAO appeal decisions

Computer scientist with master's degree in engineering proposed advancing AI research in deep learning for data analysis and virtual assistants. AAO found endeavor has substantial merit and national importance but petitioner is not well positioned to advance it due to insufficient record of success and impact. Appeal dismissed on second prong failure.

Computer scientist employed as engineering associate proposed developing proprietary software for AI safety and trust. AAO affirmed denial because proposed work lacked national importance, benefiting only the specific employer despite national footprint, even though petitioner was well positioned.

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.

Physician-researcher proposing cancer research claims national interest waiver. AAO found first prong met: research has national importance. However, second prong failed: evidence from references lacked specific examples of research impact or progress, and citation metrics did not adequately demonstrate exceptional success.

Mechanical engineer seeking EB-2 NIW for renewable energy research. AAO found proposed endeavor meets first prong: substantial merit and national importance in solar power advancement. However, petitioner not well positioned to advance it; published research lacks demonstrated industry impact and no continued research documented post-degree. Appeal dismissed.

A business administrator sought EB-2 classification as advanced degree professional or person of exceptional ability, plus NIW. SCOPS denied both. The AAO remanded, finding SCOPS misrepresented the record, confused two separate petitions, and did not provide meaningful opportunity to contest. No opinion on ultimate merits.

A researcher and assistant professor sought NIW for EB-2 under Dhanasar. The AAO agreed the proposed endeavor had substantial merit and national importance but concluded the petitioner was not well-positioned to advance it, lacking demonstrated influence, institutional support, or feasible funding for research plans.

Computer scientist with advanced degree sought EB-2 NIW for data warehouse and machine learning research. AAO held proposed research lacked sufficient detail and documentation to demonstrate national importance beyond employer; relied on petitioner's own statements without corroborating evidence.

A fraud data analyst with advanced degree sought EB-2 national interest waiver for work developing machine learning fraud detection models. She claimed the work addresses important fraud prevention and financial risk. The AAO dismissed, holding her employer-specific role lacks evidence of broader national implications, novel technologies for field-wide adoption, or prospective impact beyond her current position.

Research associate with master's in mechanical engineering sought EB-2 NIW to continue carbon capture and sustainable aviation fuel research. First prong met. AAO affirmed second prong failure: education strong but lacks Ph.D., plan insufficient, no documented role in obtaining funding; appeal dismissed.

Associate director in international supply chain operations seeking EB-2 national interest waiver. Service center found advanced degree qualification but denied waiver. AAO affirmed, holding that supply chain management work, despite general field importance, does not demonstrate specific national importance under Dhanasar first prong.

An industrial engineering developer of data models sought EB-2 with national interest waiver. The AAO affirmed denial because his on-the-job research lacked national importance, benefiting only his employer and customers without broader field implications; prior NSF funding does not establish national importance of new proposed endeavor.

Software engineer with master's in computer science sought EB-2 NIW for developing secure healthcare software. AAO held endeavor lacked national importance despite alignment with federal priorities, and petitioner not well-positioned without demonstrated interest from relevant parties or detailed plans.

Graduate student researcher in structural engineering sought EB-2 NIW for developing sustainable concrete materials and construction methods. AAO found proposed endeavor had substantial merit and national importance, but petitioner failed second prong by lacking documented plan, progress, and stakeholder interest to advance the endeavor.

A researcher with a master's degree in electrical engineering sought EB-2 NIW for research in wireless charging technology for smartphones. The AAO confirmed the advanced degree requirement and substantial merit but rejected the petition because uncorroborated expert assertions about national importance were insufficient; the technology's impact was limited to employer, licensees, and customers, not national impact.

Project engineer seeking EB-2 NIW for advanced simulation software development in mechanical engineering. AAO found proposed endeavor has substantial merit but lacks national importance; impact on field insufficient and not extending beyond employer to justify waiver. Appeal dismissed.

Engineering graduate student self-petitioner sought NIW for AI research using linguistics and game theory. AAO dismissed appeal, finding proposed endeavor lacked specific details and documented prospective impact required to establish national importance under Dhanasar first prong.

Information technology researcher with advanced degree sought NIW. AAO dismissed appeal, finding proposed endeavor has national importance but petitioner lacks relevant expertise, clear research plan, and demonstrated funding success needed to be well-positioned to advance it.

An aerospace engineer with a Ph.D. seeking EB-2 with NIW for fatigue/damage tolerance research demonstrated the first Dhanasar prong but failed the second, lacking evidence his work influenced the field or represented record of success in advancing the endeavor.

Researcher in cybersecurity sought NIW under EB-2. AAO found his proposed AI-based research had national importance but dismissed because he lacked sufficient record of success and feasible plan demonstrating he could advance it as described in academic or industrial environment.

Education and public safety specialist seeks EB-2 NIW for proposed security services business and training company. Petitioner qualifies as advanced degree professional but failed to establish national importance of endeavor or evidence of success positioning her to advance it, thus ineligible for waiver.

A telecommunications researcher with doctorate proposed advancing machine learning and deep learning research under EB-2 national interest waiver. AAO found her endeavor met national importance but dismissed appeal because publications, nominal peer reliance, and limited demonstrated funding responsibility failed to show she was well positioned to advance it.

A research scientist with a PhD in computer science sought EB-2 NIW for AI research in multimodal machine learning. SCOPS denied NIW but approved advanced degree qualification. The AAO reversed, finding all three Dhanasar prongs met: substantial merit and national importance in AI, petitioner well-positioned, and waiver balances beneficially for the United States.

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.

Research scientist sought EB-2 with national interest waiver for developing artificial intelligence technologies. Decision found proposed endeavor lacks sufficient detail and evidence to establish prospective national importance. Appeal dismissed on first prong failure.