Published AAO appeal decisions

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.

Software company petitioned for senior director of professional services under EB-1A extraordinary ability. Met two of ten initial criteria. AAO upheld rejection of membership, published material, original contributions, and high salary criteria due to insufficient documentation of field-wide impact and recognition.

Pharmaceutical company petitioned for IT operations manager beneficiary under EB-2 national interest waiver. AAO dismissed appeal, finding proposed endeavor lacks national importance because work would not impact IT or pharmaceutical fields beyond the company and its clients, contrary to Dhanasar requirements.

Technology company petitioned for EB-2 with NIW for program manager in software regulatory compliance. AAO dismissed, finding proposed endeavor lacked national importance. Evidence focused on field importance rather than beneficiary's specific work. Single employee role would not affect field broadly, significantly employ U.S. workers, or provide substantial economic effects.

A cybersecurity engineer with advanced degree sought EB-2 NIW. The director found underlying qualification met but no national interest waiver. The AAO affirmed dismissal, holding the proposed endeavor lacked national importance because routine cybersecurity work for individual clients lacks broader field or economic impact.

CEO and cofounder of AI-based minerals exploration company sought national interest waiver under Dhanasar. Met exceptional ability standard but failed first prong of NIW framework. Petitioner did not establish that specific proposed endeavor has national importance despite government reports on critical minerals.

An employer sponsored a software engineer for NIW EB-2 classification, claiming work in cloud computing and software-defined networking. The AAO agreed the employer conflated importance of the field with importance of the specific endeavor, failing to establish national importance. Appeal dismissed.

Technology company sponsored beneficiary for EB-2 with NIW for advanced computing work. AAO affirmed denial, finding proposed endeavor lacked national importance; work benefited only employer without broader field implications or significant economic effects.

Oracle EBS consultant sought EB-2 exceptional ability classification and NIW. AAO affirmed denial because petitioner satisfied only two of six evidentiary criteria for exceptional ability, falling short of the three-criterion threshold. Waiver eligibility not reached.

IT network and cybersecurity engineer seeking national interest waiver claimed his proposed work serves national importance. AAO held that day-to-day engineering services lack broader implications required for national importance, dismissing appeal on first Dhanasar prong.

IT professional and startup CEO sought EB-2 with NIW for web development, design, and IT consulting company. AAO found petitioner qualified for EB-2 but lacked national importance for proposed endeavor. STEM field alone insufficient; no evidence of broader implications or substantial positive economic effects. Appeal dismissed.

IT project manager sought EB-2 advanced degree with NIW. AAO affirmed denial: petitioner qualified for EB-2 but failed first Dhanasar prong; proposed endeavor lacked national importance, benefiting only employer and clients without establishing broader economic effects or job creation.

Computer network architect seeks EB-2 exceptional ability and NIW. AAO affirmed denial, finding petitioner met only one of six exceptional ability criteria. NIW not reached on merits; first prong failed because specific endeavor lacks prospective national importance beyond company scope.

Company petitioning for NIW to employ beneficiary as cybersecurity expert. Director and AAO found beneficiary met advanced degree requirement but endeavor lacked national importance. AAO affirmed, finding work lacks sufficient broad impact despite substantial merit, similar to STEM teaching precedent.

Technical program manager in data storage sought EB-1A extraordinary ability classification. AAO found petitioner met three evidentiary criteria (judging, scholarly articles, leading critical role), overcoming denial basis. Matter remanded for director to conduct final merits determination assessing sustained acclaim.

Computer user support specialist seeks NIW for EB-2. Petitioner asserted expertise and field importance; claimed endeavor to help organizations implement IT systems nationally. AAO dismissed appeal, finding no evidence the specific endeavor extends beyond client organizations to impact IT industry or economy broadly at national importance level.

Product manager with doctorate in robotics and AI sought EB-1A extraordinary ability. AAO found three criteria met (awards, scholarly articles, leading role) but final merits analysis showed achievements insufficient for sustained national/international acclaim at top of field level.

Computer systems analyst working in SAP Basis administration claimed seven evidentiary criteria. AAO affirmed dismissal, finding only two criteria met (scholarly articles and high salary) but not the leading critical role criterion petitioner emphasized on appeal. Without three criteria met, petitioner lacks sustained acclaim at top of field despite successful career.

A computer executive employed as technical architect sought EB-1A extraordinary ability classification. The AAO found two criteria met but rejected membership and concluded evidence did not demonstrate sustained national or international acclaim. The petitioner was progressing toward the top rather than established at the very top of the field.

A senior product manager in cloud computing sought EB-1A extraordinary ability classification. The AAO dismissed the appeal, finding the petitioner met only two of three minimum criteria and failed to demonstrate sustained national or international acclaim required for extraordinary ability.

Telecommunications hardware and software producer sought EB-1A extraordinary ability for beneficiary. Beneficiary met four regulatory criteria but failed final merits determination; limited commercialization and citations insufficient to demonstrate sustained international acclaim required for extraordinary ability.

An engineering services company petitioned for an engineer and data scientist beneficiary. Claimed four criteria: judging, original contributions, scholarly articles, and leading role. AAO affirmed only two criteria (judging and scholarly articles) met; original contributions lacked demonstrated major significance and leading role lacked institutional evidence. Appeal dismissed.

A cybersecurity firm sponsored a beneficiary software engineer. Director initially found three criteria met (judging, original contributions, scholarly articles) but final merits analysis found no sustained acclaim. Petitioner filed motion to reopen; Director dismissed motions. AAO affirmed dismissal on procedural grounds without reaching underlying petition merits.

A computer hardware and software engineer employed by a development company met three initial evidentiary criteria but failed the final merits determination. The AAO found that while scholarly articles showed field notice and letters demonstrated regard among colleagues, this did not establish sustained national or international acclaim or top percentage status required for extraordinary ability classification.