Published AAO appeal decisions

An employer petitioned for EB-2 national interest waiver for a software engineer specializing in thermal management for electric vehicles. The AAO dismissed, finding the specific proposed work lacked evidence of broader industry or field implications rising to national importance, despite the importance of electric vehicle development and sustainability goals generally.

An employer petitions for a mechanical engineer beneficiary seeking EB-2 with national interest waiver for hardware and audio product design. The AAO affirmed the Director's finding that the specific endeavor lacked national importance; while the field involves critical technologies, the individual's specific design tasks alone do not demonstrate broader implications.

A gaming electronics company sought extraordinary ability classification for a foreign game design lead, claiming five criteria. The AAO found two criteria met (leading role and high salary) but rejected awards and published material claims and found insufficient sustained individual acclaim, dismissing the appeal for failing the three-criterion threshold.

A global financial services company petitioned for an NIW for a beneficiary developing AI and machine learning solutions. The AAO dismissed the appeal, finding the beneficiary's work, though valuable to the employer, lacked broader industry implications necessary to establish national importance under Dhanasar's first prong.

Truck and heavy machinery mechanic sought EB-1A extraordinary ability classification. AAO dismissed, finding petitioner met only one of four claimed criteria and failed to demonstrate sustained national or international acclaim required for final merits determination.

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.

Senior Electrical Test Process Engineer in battery and electrification sector sought NIW for EB-2 classification. Employer demonstrated advanced degree but failed to establish that her specific work on electrical vehicle battery testing had national importance or broader field impact beyond the employer's immediate operations.

A postdoctoral research scientist in regenerative medicine sought EB-1A classification. The AAO dismissed because she met only one of three required criteria: judging lacked specificity and original contributions lacked evidence of major significance to the overall field.

Design release engineer for automotive company sought NIW for work on electric vehicle and autonomous vehicle systems. AAO held beneficiary's specific engineering role, though in important industry, lacks demonstrated broader implications or national importance distinct from general employer significance.

Airline petitions for assistant director of operations and pilot as EB-2 exceptional ability with national interest waiver. AAO reversed service center's approval, finding beneficiary failed three of six evidentiary criteria, lacking relevant academic credentials, sufficient employment verification, and professional association membership.

Machine learning engineer with advanced degree seeks NIW. Claimed AI research would advance field and generate healthcare savings with national importance. AAO found vague descriptions of intended research without specific details or documentation of prospective impact; working in important AI field alone insufficient without demonstrating specific endeavor's national importance.

IT auditor with advanced degree seeks NIW for cybersecurity and AI consulting endeavor. SCOPS revoked approval, concluding endeavor lacks national importance. AAO affirms that petitioner failed to demonstrate national importance; proposed work extends only to employer and customers without evidence of regional or national economic impact or innovation significance.

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.

An employer petitioned for an assistant vice president's EB-2 classification with national interest waiver for developing machine learning and advanced analytics tools for market risk management. The AAO affirmed denial; while the work had substantial merit, employer failed to establish it had national importance or impact beyond the specific employer.

English language arts teacher proposed studying Florida's state assessment test impact in charter schools to improve student outcomes. AAO found the study too narrow in geographic and topical scope to demonstrate national importance despite letters claiming transformative field impact.

Product manager at gaming and streaming company seeks EB-2 NIW. Petitioner claimed endeavor has substantial merit via AI and ML innovation and cybercrime prevention. AAO affirmed Director's finding that endeavor lacks national importance; role's impact confined to employer without demonstrating broader industry implications or substantial economic effects.

A research scientist in experimental nuclear physics sought EB-2 NIW classification. The AAO agreed the proposed endeavor had substantial merit and national importance but found the petitioner was not well positioned to advance it based on education, skills, and record of success. Appeal dismissed without reaching the balancing prong.

Marketing manager sought EB-2 NIW. AAO dismissed appeal, finding insufficient evidence of national importance under Dhanasar's first prong. Petitioner's endeavor lacked detail and specificity; benefits appeared bounded by single employer rather than demonstrating broader national implications.

Hospital petitions for rehabilitation therapist as EB-1A extraordinary ability individual. Petitioner claimed four of ten criteria. AAO held awards criterion unmet; certificates and scholarships limited to art students not rehabilitation therapy. Membership criterion unmet; honor societies lack required restrictions on outstanding achievements in field. Remaining criteria reserved as unnecessary.

Financial services manager with MBA sought NIW as EB-2 professional to advance KYC and AML strategies. AAO dismissed, finding proposed endeavor lacks national importance despite industry significance; petitioner failed to demonstrate prospective impact beyond employer benefits.

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.

Artistic director and drama teacher seeks O-1A classification. Petitioner claimed eligibility under multiple criteria but established only one. Director found insufficient evidence of lead roles in distinguished productions and inadequate testimonials from recognized experts. Appeal dismissed as beneficiary did not meet minimum three-criterion requirement.

Sales manager at logistics company sought EB-2 NIW. AAO dismissed appeal, finding proposed endeavor lacked demonstrated national importance under Dhanasar's first prong. Petitioner failed to show how continuing sales management work would impact U.S. economy or sector broadly beyond individual clients.

A youth soccer league employer-petitioning for EB-1A extraordinary ability for a soccer coach beneficiary. Claimed five evidentiary criteria; none met. Record lacks personal awards, qualifying membership evidence, and published material in major outlets. AAO found insufficient evidence of sustained national acclaim or upper-echelon status required for extraordinary ability.