Published AAO appeal decisions

Senior data scientist with Ph.D. in mechanical engineering sought EB-2 national interest waiver for healthcare data science innovation work. USCIS and AAO agreed the proposed endeavor, though having substantial merit, lacked requisite national importance under Dhanasar's first prong. Benefits appeared confined to specific employer rather than field broadly. Appeal dismissed.

Nurse proposing clinical safety audit implementation claims national interest waiver. AAO agreed proposal has substantial merit but found no national importance: letters lacked specific evidence that the endeavor offers broader healthcare field implications or substantial positive national economic effects.

Strategic initiatives manager with advanced degrees in MBA and civil engineering seeks NIW to bridge structural engineering and sustainable infrastructure technology. AAO dismissed finding proposed endeavor lacks national importance despite working in STEM field.

Physician researcher sought EB-2 national interest waiver for endeavor in medical research. AAO found proposed endeavor had substantial merit and national importance but petitioner not well-positioned to advance it. Record showed primarily literature review work without demonstrated original primary research or significant field influence. Appeal dismissed.

Data scientist seeks NIW for developing fraud prevention systems at employer. AAO found proposed endeavor has substantial merit but lacks national importance; employer benefits insufficient to show broader implications for field or economy.

Advanced degree professional in community economic development sought EB-2 national interest waiver. AAO held while endeavor had substantial merit, petitioner failed to establish national importance through sufficient evidence of prospective impact, relying improperly on industry importance alone rather than specific proposed endeavor impact.

Public health researcher with DrPH degree sought NIW for developing AI agent-based model for hospital emergency department operations. AAO found proposed endeavor met first prong with national importance, but petitioner failed second prong: insufficient evidence of positioning to advance through progress, expertise demonstration, or stakeholder interest.

Ph.D. computer scientist in machine learning and healthcare sought EB-2 NIW. Claimed research has national importance based on industry relevance and policy alignment. AAO dismissed finding petitioner conflated field importance with specific endeavor impact and failed to show particular proposed research would result in national-level consequences.

Beneficiary is a software engineer at a technology company proposing to work on enterprise connectivity and digital platforms. The AAO found substantial merit but rejected the petition because the beneficiary failed to demonstrate that her specific proposed endeavor has national importance; work benefiting a single employer, even with national footprint, is insufficient.

Logistics analyst employer-sponsored petitioner sought EB-2 NIW. AAO affirmed dismissal finding petitioner failed to establish underlying EB-2 qualification; foreign education credentials not established as equivalent to U.S. advanced degree and insufficient progressive experience documented.

A manufacturing engineer with an advanced degree sought an NIW for semiconductor work. The AAO dismissed the appeal, finding the petitioner established substantial merit but failed to demonstrate national importance of the specific proposed endeavor beyond his employer's contributions.

A hospital petitions for an EB-2 national interest waiver for a clinical social worker specializing in pediatric care for marginalized populations. AAO held the record lacks objective evidence of the proposed endeavor's specific impacts and broader implications necessary to demonstrate national importance under Dhanasar.

A data analyst and signal processing engineer with a master's degree sought an EB-2 NIW based on work with digital systems. The AAO dismissed because the petitioner failed to demonstrate the national importance of his specific endeavor and that he was well-positioned to advance it, lacking sufficient employer and objective source documentation.

A specialist in digital transformation and cybersecurity seeks EB-2 advanced degree classification and NIW. Service center found substantial merit and that petitioner was well-positioned to advance the endeavor but rejected it for lack of national importance. AAO affirmed dismissal, finding the specific proposed endeavor lacked demonstrated national importance despite field importance.

Bioengineer in precision medicine and drug discovery met first Dhanasar prong with substantial merit and national importance. However, lacked PhD and did not demonstrate sufficient progress, plan, or stakeholder interest required for second prong. Appeal dismissed.

A senior manager of pavements with advanced degree sought national interest waiver for sustainable pavement engineering research. The AAO found the proposed endeavor had substantial merit and national importance but dismissed the appeal because the petitioner failed to demonstrate being well positioned to advance the research through education, skills, and record of success.

A mechanical engineer and project manager with an advanced degree proposed continuing infrastructure work in energy and oil-gas sectors. The AAO found substantial merit but rejected national importance because his work would not extend beyond clients with broader implications, and he made impermissible material changes to his endeavor.

A postdoctoral researcher in stress biology sought EB-2 with national interest waiver for neutrophil-targeted therapy research. The AAO found the endeavor has substantial merit and national importance, but the petitioner did not demonstrate he is well-positioned to advance it, failing the second Dhanasar prong.

A controls engineer sought NIW for EB-2 under Dhanasar to advance Industry 4.0 manufacturing modernization. The AAO found him not well-positioned to advance the endeavor, lacking Ph.D. credentials, demonstrated influence in the field, and evidence of interest from relevant parties beyond his employer.

An assistant professor of sociology seeking EB-2 with NIW claimed her research on criminal justice reform technology has national importance. The AAO found her endeavor has substantial merit but lacks the specific prospective national impact required under Dhanasar, dismissing the appeal.

Chemical engineer with five years pharmaceutical and biotechnology experience sought EB-2 with national interest waiver. Proposed developing analytical methods and processes for vaccine and therapeutic manufacturing. AAO dismissed because petitioner failed to demonstrate proposed work has national importance; work appeared routine to employer without broader industry impact.

An automotive company petitioned to employ a process controls engineer under EB-2 NIW, claiming the EV battery assembly work has national importance. The AAO dismissed the appeal, finding the proposed endeavor lacks national importance under Dhanasar's first prong, as impact appears limited to employer and immediate business partners rather than industry-wide.

Aviation supply chain manager sought EB-2 NIW classification. The beneficiary claimed four exceptional ability criteria but met only one of six required regulatory criteria. The AAO rejected salary and professional association memberships as inadequately documented, finding the beneficiary ineligible for the underlying classification and thus declining to address the waiver prongs.

Supply chain manager with advanced degree sought NIW. AAO affirmed dismissal because endeavor has substantial merit but lacks national importance; impact limited to employing company and clients, without demonstrated broader industry or field implications.

A software engineer with master's degree in computer science seeks EB-2 national interest waiver for designing novel algorithms in private cloud storage. The AAO dismissed, finding the proposed endeavor lacked demonstrated national importance beyond the employer's specific needs.