Published AAO appeal decisions

Data scientist with master's degree in computer science; employed in software engineering roles in H-1B status. Met three criteria but failed final merits determination. AAO upheld denial, finding evidence did not establish sustained national or international acclaim or placement among field's elite despite meeting evidentiary threshold.

Data streaming platform petitioned for beneficiary as EB-1A extraordinary ability. Service center granted five criteria but denied on final merits. AAO sustained appeal, finding evidence demonstrates beneficiary's sustained national and international acclaim, placing him among small percentage at top of field.

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.

Chief technology officer at healthcare AI company. Claimed five additional criteria beyond two met by service center. AAO found venture capital funding not a recognized prize or award, membership claim unsubstantiated, and published materials not substantially about beneficiary. Beneficiary failed three-criterion threshold; appeal dismissed.

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.

An IT project manager with an advanced degree proposed work improving local government services through technology implementation. The AAO rejected her claim that this had national importance, finding her work would benefit only her employer and its clients without broader industry or regional implications.

A senior artificial intelligence engineer sought an EB-2 national interest waiver for research in AI technologies for spatial-temporal understanding. The AAO dismissed, finding the petitioner established the first prong required substantial merit but failed to prove national importance of his specific proposed endeavor.

Software engineer and graduate student researcher in information technology seeking EB-2 advanced degree classification and national interest waiver for data security research integrating artificial intelligence and machine learning. Described endeavor in generalized terms without specific details, novel methodology, or demonstrated broad impact. AAO dismissed appeal; first Dhanasar prong not established.

Computer science research scientist sought NIW under EB-2 classification. AAO dismissed appeal because proposed endeavor lacked national importance; vague research plans, no identified research field, and no documented permission to publish or present at conferences defeated first Dhanasar prong.

A computer science researcher with a master's degree in computer science sought EB-2 NIW classification. Although qualified as an advanced degree professional, the AAO found his proposed endeavor in artificial intelligence and large language models lacked demonstrated national importance beyond his employer.

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.

AI/ML software engineer sought EB-2 national interest waiver for on-device machine learning development. AAO found substantial merit but no national importance. Letters claiming critical role insufficient without corroborating evidence of broader field implications or economic effects. Second and third Dhanasar prongs not reached.

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.

A software development manager with master's degree sought a national interest waiver. The AAO held his proposed work as a software development manager lacked national importance; despite alignment with cybersecurity policy goals, no evidence demonstrated prospective impact beyond employer clients or field-wide significance. Appeal dismissed.

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.

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.

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.

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.

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.

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 staff product manager with advanced degree sought NIW for privacy-centric advertising work. AAO dismissed because the petitioner failed to establish that her specific endeavor had national importance beyond her employer's operations, lacking evidence of industry adoption, technology transfer, or broader societal or economic impact.

A computer scientist developing driver monitoring technology sought EB-2 classification with a national interest waiver. The AAO dismissed the appeal, finding the proposed endeavor, though meritorious, lacks national importance because the record does not establish broader prospective impact beyond the employer or adoption by other manufacturers.