Published AAO appeal decisions

Logistics management consultant seeking EB-2 NIW for supply chain and trade consulting work. AAO dismissed appeal; petitioner failed to demonstrate national importance despite claims about supply chain resilience and Brazil trade relations, as projections showed only 15 employees versus industry baseline of 13.3 million.

A product development manager and entrepreneur with advanced degree seeking EB-2 classification and national interest waiver. Abandoned initial proposed endeavor after RFE and presented alternative without sufficient development. AAO held inconsistent endeavor presentation prevented meaningful Dhanasar analysis and failed first prong requiring substantial merit and national importance.

An employer petitioned for an EB-2 national interest waiver for a strategic project manager. The AAO found the petitioner was not qualified as an advanced degree professional due to insufficient undergraduate credentials, and the proposed endeavor lacked demonstrated national importance beyond the specific business and its clients. Appeal dismissed.

Financial services institution sponsored employee for EB-2 with NIW. AAO dismissed appeal, holding that organizational importance does not establish national importance of the individual's specific proposed endeavor and that services would not extend beyond internal users.

Advanced degree professional seeks NIW for business endeavor supporting small and medium-sized enterprises. Claimed alignment with U.S. government initiatives and economic benefits would establish national importance. AAO found vague assertions without specific details or probative evidence of broader industry impact; merely working in important field insufficient without demonstrating specific endeavor's national importance.

An orthopedic physician entrepreneur sought EB-2 NIW classification for a proposed clinic providing musculoskeletal care using regenerative medicine. AAO dismissed the appeal, finding the endeavor lacked demonstrated national importance; local economic activity and addressing healthcare gaps insufficient; no broader field-level impact shown.

An aviation company petitioned for a national interest waiver to employ a copilot with over twenty years of airline experience. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance because it would benefit only one individual with no broader impact on the aviation industry or economy.

Health and safety specialist sought EB-2 exceptional ability and NIW based on proposed safety app development. Service Center found exceptional ability met three criteria but no degree of expertise significantly above field. AAO held proposed endeavor lacks national importance: app benefits only petitioner's employer and clients, not broader industry or public; field importance does not equal endeavor importance.

A power and automation technologies company sponsored an engineer for EB-2 classification with a national interest waiver. The AAO found his work on maritime vessel electrification lacks national importance. Although general government programs support electrification, the engineer's specific proposed endeavor was not established to impact these initiatives or benefit the field broadly.

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 data science associate in financial services for EB-2 NIW. Beneficiary proposed continuing work in AI, anti-money laundering, and data visualization. AAO dismissed, finding endeavor has substantial merit but lacks national importance; letters contained general assertions without specific evidence of field-wide impact or innovation.

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.

Petroleum engineer with advanced degree sought EB-2 national interest waiver for work on hydraulic fracturing fluid technologies. Petitioner's endeavor had substantial merit but lacked required national importance. Decision distinguished between employer significance and specific endeavor impact, finding insufficient evidence of prospective impact directly attributable to petitioner's work.

An employer petitioned for an EB-2 national interest waiver for a financial manager proposing to establish an alcoholic beverage trade company with cultural activities. The AAO found the proposed endeavor had substantial merit but lacked national importance, as projected job creation and economic benefits were insufficient to demonstrate broader economic impact. Appeal dismissed.

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.

Toxicologist sponsored by employer for research in health and safety risk assessment sought national interest waiver. AAO found endeavor had merit and beneficiary well positioned, but waiver not warranted because labor certification was not shown impractical and no urgent national interest was demonstrated.

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.

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.

Integrated circuit design engineer specializing in semiconductors sought EB-2 advanced degree and NIW. AAO found proposed endeavor has substantial merit but lacks national importance; working in critical field insufficient without evidence of specific endeavor's prospective impact.

Accountant and financial analyst proposed contributing expertise to businesses, promoting diversity and cultural enrichment. AAO agreed with director that working in an important field does not establish endeavor national importance; no evidence of novel methodologies, employment potential, or broader economic impact.

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.

Automotive parts company petitions for software verification and validation engineer with advanced degree under EB-2 NIW. Engineer qualifies for underlying EB-2 classification. Proposed work on regulatory compliance lacks national importance; does not demonstrate new advancements or significant impact beyond company operations. Appeal dismissed.

Sales representative for pharmaceuticals/hospital products with advanced degree sought EB-2 NIW to lead commercial endeavor in USA. AAO found proposed endeavor lacks national importance under Dhanasar despite general industry merit; no evidence of prospective impact or government interest.

An employer petitions for NIW for a beneficiary working as an automotive HVAC engineer to continue developing energy-efficient electrified HVAC systems. The AAO dismissed because the petitioner failed to establish the beneficiary's specific proposed endeavor has national importance; working in an important field and industry does not establish the specific work extends beyond the employer with broader impact.

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.