Published AAO appeal decisions

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.

Senior cloud security architect petitioned for EB-2 NIW by technology company. Petitioner claimed research on AI-driven cybersecurity architectures. AAO found substantial merit but insufficient specificity and no demonstrated national importance beyond employer and clients. Appeal dismissed.

An employer petitions for software engineer beneficiary for EB-2 NIW classification. SCOPS erred by analyzing prior work rather than proposed endeavor, and failed to apply STEM field guidance. AAO withdrew SCOPS decision and remanded for proper analysis of all three Dhanasar prongs with appropriate consideration of software engineering innovation.

Business development manager in pharmaceutical sector seeks EB-2 NIW. SCOPS found petitioner qualified for EB-2 and met second Dhanasar prong. AAO held first prong unmet because petitioner conflated general field importance with specific endeavor's national importance; no prospective impact directly attributable to petitioner's work.

Cloud software developer with master's degree in computer engineering seeking EB-2 advanced degree professional status with national interest waiver for machine learning research. AAO reversed service center on first prong but dismissed appeal because petitioner lacks sufficient track record and advancement capability beyond educational credentials alone.

Senior engineer in AI research seeking NIW under Dhanasar framework for continued research on safe, autonomous AI systems. Service center's denial lacked complete analysis of evidence, made contradictory statements, and failed to address all arguments. Remanded for proper application of all three Dhanasar prongs with complete evidentiary analysis.

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.

Data scientist with master's degree in computational science proposes NIW for research on ethical AI frameworks. SCOPS determined substantial merit existed but national importance not shown. AAO affirmed, finding insufficient evidence that proposed endeavor rises to national importance level; did not address remaining Dhanasar prongs.

A civil engineer with a master's degree in civil engineering sought EB-2 classification with a national interest waiver. The AAO agreed he qualified as an advanced degree professional but remanded the case because SCOPS made contradictory statements on national importance and provided no analysis for the well-positioned prong, denying him fair notice.

International development specialist with master's in law sought EB-2 with NIW for power sector finance projects. Service center acknowledged advanced degree eligibility. AAO found proposed endeavor lacked specificity and national importance; petitioner's accomplishments misdirected in first Dhanasar prong analysis. Appeal dismissed.

Mechanical engineer with advanced degree sought EB-2 with national interest waiver for semiconductor manufacturing advancement. Service center denied without adequate explanation of Dhanasar prongs analysis. AAO remanded for new decision because service center failed to explain rationale and adequately address petitioner's proposed endeavor rather than employment position.

Technology entrepreneur with advanced degree seeks NIW for AI-driven cognitive decision support tools for aerospace and aviation. AAO withdrew director's finding on national importance prong, agreeing technology aligns with government priorities. However, petitioner failed to demonstrate record of success as executive or sufficient qualification to lead endeavor as CEO/CTO.

Civil engineer and researcher with Master's degree seeks NIW for waterborne disease framework research. AAO dismissed, finding petitioner met first two Dhanasar prongs but failed the third: while endeavor involves critical emerging technology, evidence did not show national interest urgent enough to waive labor certification.

Engineer and researcher in clinical tissue engineering and transplantation seeking EB-2 advanced degree classification and national interest waiver. AAO affirmed that petitioner qualified as advanced degree professional but dismissed appeal because petitioner failed to demonstrate being well-positioned to advance proposed endeavor; education and publications insufficient without demonstrated record of success.

Employer sponsored beneficiary for EB-2 national interest waiver in product analytics using AI and machine learning. AAO found substantial merit but rejected national importance claim, holding that working in STEM or shortage occupations alone insufficient without broader prospective impacts to national economy.

Lead data engineer: employer-sponsored EB-2 with national interest waiver claim. Petitioner asserted cloud computing and AI work had national importance. AAO held proposed endeavor lacked national or global implications and benefited only specific employer; first prong failed.

An advanced manufacturing engineer seeks EB-2 with NIW. The AAO agreed substantial merit was shown but found the petitioner did not adequately demonstrate national importance of the specific endeavor. The decision remanded for the director to reconsider the third prong using STEM-field guidance from policy manual.

Clinical research scientist in neurology sought EB-2 NIW for COVID-19 related research. SCOPS found substantial merit but not national importance; AAO affirmed. Petitioner failed to show how her specific proposed endeavor would have broader implications or significant prospective impact distinct from general field importance.

A pharmaceutical researcher with advanced degree seeking EB-2 classification and national interest waiver for nanotechnology drug delivery research targeting cancer and HIV. AAO sustained appeal, finding all three Dhanasar prongs met: endeavor advances federal priorities, petitioner well-positioned through expertise and proven success, and waiver benefits U.S. public health.

A mechanical engineer and postdoctoral researcher sought NIW for research on catalysts for fuel cells and batteries. AAO found all three Dhanasar prongs satisfied: proposed research has national importance for U.S. competitiveness, petitioner is well positioned to advance it, and waiver benefits the United States.

Physician with cardio-oncology research proposed advancing treatment of cardiovascular diseases in cancer patients. AAO found research met national importance but his published work lacked evidence of driving field progress or generating relevant party interest, failing the well-positioned prong.

IT professional with advanced degree sought NIW under EB-2 for STEM research. AAO found first two Dhanasar prongs met but dismissed because petitioner demonstrated ability to secure employment and failed to establish that national interest was urgent enough to waive labor certification requirement.

Toxicologist sponsored by employer for research in health and safety risk assessment sought national interest waiver. AAO found endeavor had merit and beneficiary well positioned, but waiver not warranted because labor certification was not shown impractical and no urgent national interest was demonstrated.

Physician-scientist specializing in epidemiology sought EB-2 exceptional ability and NIW. Service Center found first Dhanasar prong met; AAO reversed: petitioner's vague research plan lacks specific national importance. Second prong also fails: foreign medical degree does not satisfy U.S. physician licensure; petitioner not well-positioned to advance proposed endeavor.

Biomedical engineer with advanced degree seeks EB-2 with national interest waiver to research neurodegenerative diseases. AAO sustained appeal, finding all three Dhanasar prongs met: research has substantial merit and national importance, petitioner well-positioned to advance it, and waiver would benefit United States.