Published AAO appeal decisions

Process engineer with master's degree in chemistry seeks NIW for research optimizing manufacturing of paper and polymer composites for sustainable energy. AAO held the proposed endeavor lacks national importance under Dhanasar first prong; working in important field is insufficient without demonstrating specific endeavor's broad prospective impact.

A data scientist with an advanced degree sought EB-2 classification with a national interest waiver. The AAO affirmed the service center denial, finding the proposed endeavor has substantial merit but lacks national importance because the petitioner provided no evidence of prospective impact beyond the employer or significant economic effects.

Research and development manager in software engineering from China working on machine learning for insurance industry risk assessment. Met first Dhanasar prong on substantial merit and national importance but failed second prong; citations and education alone insufficient to demonstrate well-positioned status. Appeal dismissed.

Information security analyst IV with PhD sought EB-1A extraordinary ability classification. AAO found beneficiary satisfied judging and authorship criteria but withdrew service center findings on leading role and high salary; did not meet threshold of three criteria; final merits determination not reached.

A forecasting and data analysis researcher sought a national interest waiver for EB-2 classification. The AAO dismissed, finding the first Dhanasar prong met but the second and third prongs unmet: insufficient evidence of being well-positioned to advance the endeavor and that a waiver would benefit the United States.

A data scientist employed at a tech company petitioned for EB-1A. The AAO found the petitioner failed to meet the threshold requirement of three initial evidentiary criteria. Only the awards criterion was analyzed and rejected; remaining criteria were not addressed as the first prong already failed.

An agribusiness CEO sought EB-2 with national interest waiver. The AAO dismissed a motion to reconsider, affirming that the petitioner failed to establish national importance because his updated business plan remained uncorroborated and lacked evidence of broader field implications beyond his clients.

A global vehicle manufacturer petitioned for a vice president of vehicle engineering to receive extraordinary ability classification. The AAO found the beneficiary did not meet the awards, membership, or high salary criteria and failed the final merits determination, concluding insufficient evidence of sustained national or international acclaim.

A computer scientist with Ph.D. in STEM sought EB-2 national interest waiver for research endeavor. The AAO dismissed, finding he failed the second Dhanasar prong. Though his Ph.D. and publications were favorable factors, he lacked consistent independent research funding or demonstrated government interest to advance his proposed endeavor.

An employer petitioned for a national interest waiver for an EB-2 advanced degree professional working on sustainable semiconductor lithography systems. The AAO agreed with SCOPS that while the beneficiary's work has substantial merit, the petitioner failed to demonstrate its national importance; benefits limited to specific employer and field importance alone do not satisfy the first Dhanasar prong.

Semiconductor foundry petitions for electrical engineer beneficiary under EB-2 with national interest waiver. Beneficiary holds master's equivalent degree. AAO upheld denial: petitioner failed to establish national importance of specific proposed endeavor under Dhanasar first prong; industry importance insufficient without defined project scope and prospective impact.

Music therapist with advanced degree seeking national interest waiver for EB-2 employment-based petition. AAO found substantial merit in proposed music therapy services but denied waiver because endeavor lacked national importance, lacking broader field-wide impact beyond local clients.

Electrical and computer engineer with master's degree seeks NIW for research refining silicon carbide process integration for semiconductor devices. AAO held petitioner failed both Dhanasar prongs: endeavor lacked demonstrated national importance and petitioner was not well-positioned to advance it without employer resources or documented funding.

Machine learning software engineer employed by a company seeks national interest waiver. Claimed his proposed AI research has substantial merit and national importance. AAO held the evidence does not demonstrate prospective national or global impact on the field; references to AI importance and conference invitations do not establish national importance of his specific endeavor.

Humanitarian nonprofit petitions for HR manager beneficiary for EB-2 with NIW. Beneficiary holds advanced degree and employer established EB-2 eligibility. AAO dismissed, finding proposed endeavor lacked sufficient national importance to satisfy first Dhanasar prong.

An employer petitioned for an EB-2 national interest waiver for a machine learning engineer developing deep learning and NLP models. The AAO dismissed the appeal, finding the petitioner established substantial merit but failed to demonstrate that the specific proposed endeavor had national importance despite evidence of AI field importance.

Business operations specialist sought EB-2 NIW classification. Service center denied underlying EB-2 qualification and NIW eligibility. AAO dismissed appeal, focusing on first Dhanasar prong: proposed endeavor lacks national importance because it shows no significant potential to employ U.S. workers, no substantial positive economic effects, and anticipated financial loss.

Veterinary pathologist seeking EB-2 advanced degree professional classification and national interest waiver. Claimed advanced degree eligibility but failed to provide competent English translation of foreign credentials as required. AAO dismissed appeal because petitioner did not establish advanced degree requirement, making remaining Dhanasar prongs unnecessary to address.

Transportation architect with master's degree and H-1B work history claimed seven criteria for extraordinary ability. AAO found three criteria met: judging, scholarly articles, and leading roles. On final merits, AAO determined petitioner failed to show sustained national or international acclaim or recognition required for top-tier classification.

A digital marketing company sponsors a data scientist for EB-2 with national interest waiver. The AAO found the beneficiary qualified for EB-2 with an advanced degree and the endeavor has substantial merit, but rejected the waiver because the petitioner failed to demonstrate the proposed work has national importance, only that STEM fields are important generally.

A senior SoC researcher sought EB-2 NIW under Dhanasar. The AAO found substantial merit and national importance of his hardware security research but held he failed to show he is well-positioned to advance it, lacking contemporaneous evidence of impact or specific advancement plan.

A quality control manager with an advanced degree seeks EB-2 national interest waiver. The AAO dismissed the appeal, finding the beneficiary's proposed work as a quality control manager lacked sufficient prospective impact to satisfy the national importance prong of Dhanasar, even in a strategically important defense infrastructure sector.

Senior manager of data science with Ph.D. in biostatistics sought EB-2 NIW to develop multivariate temporal models using AI for gene regulatory networks and socioeconomic systems. AAO found proposed research has national importance but petitioner's employment role only benefits employer, not the nation; petitioner not well positioned to advance endeavor.

Senior machine learning engineer proposes research on foundational model disentanglement and interpretability. AAO found the endeavor has substantial merit and national importance but rejected the petition because the petitioner failed to demonstrate she is well-positioned to advance it through sufficient record of success or influence in the field.