Published AAO appeal decisions

A software company sponsored a computer programmer for EB-2 advanced degree classification, not a national interest waiver. After approval, the service center revoked the petition over intent to employ and experience. The AAO withdrew those findings, noted other possible revocation grounds, including ability to pay, and remanded for a new decision.

Software engineer with Ph.D. in electrical engineering seeks NIW for fraud detection platform development. AAO remanded, finding USCIS mischaracterized the endeavor as biomedical and failed to adequately analyze national importance, positioning, and balance prongs under Dhanasar framework.

A web hosting company sought to sponsor a senior software engineer under the EB-2 advanced degree category, not a national interest waiver. The service center denied the petition and dismissed a later motion. The AAO dismissed the appeal because the employer did not show continuing ability to pay the proffered wage from the priority date.

An employer, a golf course management firm, sponsored an IT project manager for an advanced degree professional classification supported by a labor certification. The service center revoked the approval, alleging a concealed family relationship. The AAO withdrew the revocation and remanded, because no notice of intent to revoke was issued and the decision did not state specific reasons.

A software engineer was the beneficiary of an EB-1A petition filed by an AI software company, which the service center denied for failing three of ten criteria. The AAO dismissed the appeal as moot because a separate immigrant petition was approved and the beneficiary became a permanent resident, so no criteria were decided.

Senior software engineer at AI-driven background check company appealed EB-1A denial. Service Center initially found three criteria met, then in denial found only one met, without adequate explanation. AAO remanded for fuller analysis of each criterion and potential final merits determination, citing insufficient notice and inadequate reasoning.

An employer petitioned for a software engineer under the advanced degree category, relying on a labor certification requiring a bachelor's degree plus five years of experience in an alternate occupation. The service center denied it for lacking an advanced degree requirement. The AAO withdrew that decision and remanded for further evidence on actual minimum requirements.

An electrical products manufacturer sought EB-2 NIW for a software engineer developing manufacturing products. AAO affirmed denial, finding petitioner focused on company activities rather than demonstrating the beneficiary's specific endeavor has national importance, and record lacked sufficient detail on beneficiary's specific role.

Software engineer with master's in computer science sought EB-2 NIW for developing secure healthcare software. AAO held endeavor lacked national importance despite alignment with federal priorities, and petitioner not well-positioned without demonstrated interest from relevant parties or detailed plans.

Software development manager seeks NIW for EB-2 classification. Petitioner claimed endeavor has national importance for digital key management solutions in storage and government sectors. AAO dismissed appeal, finding endeavor has substantial merit but lacks national importance because impact is limited to employer and clients, not the broader storage industry or field.

Employer-sponsored NIW petition for driver information applications engineer beneficiary. AAO affirmed denial, finding petitioner failed to establish the beneficiary's proposed work has sufficient national importance; benefits limited to employer without broader field-wide implications.

A senior software engineer in automotive manufacturing sought NIW. Employer claimed the beneficiary's work on connected, efficient vehicles serves national interests. AAO found industry and STEM importance insufficient; specific prospective impact of individual's role was not demonstrated.

Senior software engineer for digital entertainment company seeks EB-2 with NIW. Petitioner established substantial merit but failed to show national importance. Decision held that work maintaining secure payment platforms for single company, despite STEM context and field importance, lacks prospective impact of national significance.

Senior software engineer with master's degree in computer science seeks NIW for enterprise network security and cloud solutions development. AAO affirmed dismissal, holding proposed endeavor lacks national importance; work in important field insufficient; benefits to single employer inadequate for national importance.

Software engineer with master's degree seeking EB-2 advanced degree professional status with national interest waiver. Claimed proposed endeavor benefits field broadly with substantial economic effects. AAO dismissed appeal because specific endeavor lacks national importance and broader field implications beyond employer and customers.

Employer petitioned for senior software engineer beneficiary with advanced degree. Beneficiary proposed work on advanced computing architecture and user interface enhancements. AAO dismissed, finding proposed endeavor lacks national importance; working in important field insufficient, and no evidence of prospective impact beyond company benefiting broader economy.

Software quality assurance analyst with advanced degree sought EB-2 NIW classification. AAO held proposed endeavor lacked national importance under Dhanasar because petitioner's specific contributions were not shown to have prospective impact broader than employer or field importance generally.

Software engineer in Canada employed by Twilio met two of four claimed criteria but not three required. AAO rejected awards claim, rejected comparable evidence argument for awards, rejected salary claim with new evidence, and dismissed without final merits review.

Senior iOS developer petitioned by software firm for O-1A visa. Petitioner claimed awards, membership in business organizations, judging, and high salary, but AAO found the submitted award lacked objective criteria and field recognition, membership failed to meet standards, and new claims on appeal were procedurally barred. Appeal dismissed.

Software company petitioned for product design director as EB-1A extraordinary ability. Petitioner claimed six criteria but director found none met. AAO affirmed, finding app features, vague judging letters, and design contributions insufficient for national or international acclaim required for extraordinary ability classification.

An employer sponsored a senior software engineer for EB-2 with national interest waiver, proposing software engineering work on internal projects. The AAO affirmed dismissal, finding recommendation letters focused on beneficiary's individual performance and company benefits rather than demonstrating the endeavor's prospective national importance.

A quality assurance engineer sought EB-2 classification and national interest waiver for a teaching endeavor. The AAO affirmed denial, finding while the petitioner was well-positioned to teach, the proposed software QA education activities lacked national importance and would not impact the field broadly.

Software developer sought EB-2 with national interest waiver for middleware development company. AAO held proposed endeavor lacked national importance: software applications served particular clients only, not broader industry; business plan showed minimal capital and no contractual commitments to demonstrate significant employment potential.

A software developer sought EB-2 NIW for healthcare-related software work. The AAO dismissed the appeal, finding the petitioner failed the first Dhanasar prong: evidence addressed general industry importance rather than the specific endeavor's prospective impact, and claimed economic effects were too localized to reach national importance.

A software engineer, sponsored by an AI and language technology company, sought extraordinary ability classification, with five criteria claimed. The AAO dismissed the appeal, finding original contributions not shown to be of major significance, declining to reach two further claimed criteria, and noting the record did not show sustained acclaim.