Published AAO appeal decisions

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.

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.