Published AAO appeal decisions

AI technology company petitioned for O-1A classification of chief technology officer. Beneficiary met only one criterion (judging); awards, membership, and published material criteria were not satisfied. Appeal dismissed because beneficiary could not meet minimum three criteria requirement for extraordinary ability.

Machine learning engineer employed at social media company seeking NIW for EB-2. AAO held proposed endeavor lacks national importance despite working in valuable AI field; petitioner's specific work on user engagement lacks broader implications. Appeal dismissed.

A network security architect employed by an IT services company sought EB-2 NIW classification. The petitioner proposed developing network architecture solutions addressing cyber threats but failed to establish national importance. The AAO held that personal expertise and industry significance do not substitute for demonstrating the specific endeavor's prospective national impact.

Automobile company petitioned for enterprise connectivity systems engineer beneficiary with master's degree, EB-2 advanced degree professional with NIW. AAO upheld denial, finding proposed work lacks national importance beyond employer; focused on specific endeavor, not field importance.

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.

Employer-sponsored NIW petition for beneficiary machine learning engineer. Claimed national importance through AI and cybersecurity technologies enhancing gaming platforms. AAO held STEM field and worker shortage insufficient; specific endeavor lacks broader implications beyond employer's clients; no substantial positive economic effects demonstrated.

Product manager sponsored by employer for EB-2 with NIW. Claimed proposed endeavor in cloud gaming analytics has substantial merit and national importance. AAO held endeavor lacks national importance because benefits are limited to specific employer despite national footprint; working in important field insufficient; labor certification process addresses STEM shortages.

Systems administrator for AI laboratory in clinical research company seeks EB-2 with NIW. Petitioner showed substantial merit but failed to demonstrate national importance of the endeavor. Decision held specific work lacks broader implications or scale reaching national impact in STEM despite relating to AI and clinical trials.

Software developer/consultant in cloud computing and DevOps sought EB-2 exceptional ability and NIW. AAO found proposed consultancy lacks national importance despite merit of field and petitioner's skills; no evidence of broader impact beyond employer clients.

Engineer seeking NIW for computer systems architecture and project lead role at multinational retail company. Petitioner established proposed endeavor has substantial merit but failed to demonstrate national importance. Decision held work with advanced technologies insufficient without evidence of specific prospective economic impact or U.S. job creation from petitioner's particular role.

IT professional with master's degree seeks NIW as advanced degree professional. Petitioner claimed healthcare IT work addressing national needs and data security would have national importance. AAO found work only benefited single employer and immediate clients, lacking field-wide impact required for national importance under Dhanasar first prong.

Software engineer with master's in computer science sought NIW under EB-2. AAO confirmed advanced degree qualification but dismissed appeal, finding her proposed cybersecurity work lacked national importance because it would not extend beyond her employer and clients to impact the field broadly.

Employer petitions for beneficiary as senior site reliability engineer under EB-2 with NIW, claiming role advances cloud infrastructure and U.S. technological competitiveness. AAO held endeavor has substantial merit but not national importance; beneficiary's specific contributions lack demonstrated broader impact on U.S. economy or field beyond employer.

An electronic products manufacturer sponsored an NIW petition for a beneficiary with a master's in computer science to develop AI and data analytics infrastructure. The AAO dismissed the appeal, finding while the endeavor had substantial merit, the petitioner failed to establish national importance because benefits would not extend beyond the company and its clients.

A senior site reliability engineer seeks EB-2 NIW for work in cloud infrastructure and digital entertainment. Beneficiary established advanced degree eligibility and endeavor substantial merit, but failed to demonstrate national importance of specific proposed work beyond field and employer significance.

Senior machine learning engineer seeks EB-2 with national interest waiver for software engineering research. AAO dismissed appeal, finding proposed endeavor lacked national importance; work was limited to employer interests and clients without broader implications for United States.

Software engineer with Ph.D. in electrical and computer engineering sought EB-2 national interest waiver. Director found first prong met but third prong failed. AAO affirmed first prong for research only but withdrew finding on second prong. Petitioner failed third prong: work primarily benefits employer, no evidence labor certification inappropriate, insufficient urgency. Dismissed.

A software engineer seeking EB-2 national interest waiver for digital platform work claimed national economic and security implications. The AAO dismissed, finding petitioner worked in important field but failed to establish how specific endeavor would result in broader implications or direct attribution of national impact to petitioner's work.

An employer petitioned for EB-2 national interest waiver for a software engineer specializing in thermal management for electric vehicles. The AAO dismissed, finding the specific proposed work lacked evidence of broader industry or field implications rising to national importance, despite the importance of electric vehicle development and sustainability goals generally.

A gaming electronics company sought extraordinary ability classification for a foreign game design lead, claiming five criteria. The AAO found two criteria met (leading role and high salary) but rejected awards and published material claims and found insufficient sustained individual acclaim, dismissing the appeal for failing the three-criterion threshold.

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.

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.

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.

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.