Published AAO appeal decisions

Data scientist with master's degree in computer science; employed in software engineering roles in H-1B status. Met three criteria but failed final merits determination. AAO upheld denial, finding evidence did not establish sustained national or international acclaim or placement among field's elite despite meeting evidentiary threshold.

An advertising and marketing manager sought a national interest waiver for EB-2 classification. The AAO dismissed because her proposed work developing and marketing sustainable bee products lacked national importance, lacking evidence of national or global field implications or substantial economic effects beyond her employer.

Product engineer with MBA sought EB-2 national interest waiver for electric vehicle consulting business. AAO held proposed endeavor lacked national importance under Dhanasar; articles about EV industry and government policy did not establish petitioner's specific endeavor would sufficiently impact the market or economy. Appeal dismissed.

Computer scientist with advanced degree sought EB-2 NIW for data warehouse and machine learning research. AAO held proposed research lacked sufficient detail and documentation to demonstrate national importance beyond employer; relied on petitioner's own statements without corroborating evidence.

A fraud data analyst with advanced degree sought EB-2 national interest waiver for work developing machine learning fraud detection models. She claimed the work addresses important fraud prevention and financial risk. The AAO dismissed, holding her employer-specific role lacks evidence of broader national implications, novel technologies for field-wide adoption, or prospective impact beyond her current position.

Research associate with master's in mechanical engineering sought EB-2 NIW to continue carbon capture and sustainable aviation fuel research. First prong met. AAO affirmed second prong failure: education strong but lacks Ph.D., plan insufficient, no documented role in obtaining funding; appeal dismissed.

Producer of performing arts events in O-1B status sought extraordinary ability classification. Petitioner failed to establish three threshold evidentiary criteria. AAO affirmed denial, finding ABU award not major and publications not scholarly. Final merits determination was reserved because petitioner did not meet initial evidence threshold.

Associate director in international supply chain operations seeking EB-2 national interest waiver. Service center found advanced degree qualification but denied waiver. AAO affirmed, holding that supply chain management work, despite general field importance, does not demonstrate specific national importance under Dhanasar first prong.

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.

Chief technology officer at healthcare AI company. Claimed five additional criteria beyond two met by service center. AAO found venture capital funding not a recognized prize or award, membership claim unsubstantiated, and published materials not substantially about beneficiary. Beneficiary failed three-criterion threshold; appeal dismissed.

The beneficiary is a radiochemist sponsored by a biotechnology company for extraordinary ability classification. Six criteria were claimed, with two found satisfied by the service center. The AAO dismissed the appeal because awards, published material, and contributions were not established, leaving fewer than three criteria, and acclaim at the top of the field was not shown.

A biostatistician with a Ph.D. in mechanical engineering seeking EB-2 with NIW for developing a smartphone ECG device failed to establish national importance. The description lacked specificity, and evidence did not show prospective impact commensurate with national significance.

An industrial engineering developer of data models sought EB-2 with national interest waiver. The AAO affirmed denial because his on-the-job research lacked national importance, benefiting only his employer and customers without broader field implications; prior NSF funding does not establish national importance of new proposed endeavor.

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.

Regulatory services company sponsored employee for EB-2 advanced degree classification. SCOPS and AAO found the beneficiary's master's degree in pharmaceutics does not qualify as regulatory affairs or biomedical sciences as required by the job. Appeal dismissed; not a national interest waiver decision.

An IT project manager with an advanced degree proposed work improving local government services through technology implementation. The AAO rejected her claim that this had national importance, finding her work would benefit only her employer and its clients without broader industry or regional implications.

Graduate student researcher in structural engineering sought EB-2 NIW for developing sustainable concrete materials and construction methods. AAO found proposed endeavor had substantial merit and national importance, but petitioner failed second prong by lacking documented plan, progress, and stakeholder interest to advance the endeavor.

A hospitalist sought a national interest waiver for EB-2 classification. The AAO held the proposed endeavor lacked national importance because it would not impact the field broadly or produce substantial prospective economic effects, despite serving an underserved area. First prong of Dhanasar test failed.

A senior artificial intelligence engineer sought an EB-2 national interest waiver for research in AI technologies for spatial-temporal understanding. The AAO dismissed, finding the petitioner established the first prong required substantial merit but failed to prove national importance of his specific proposed endeavor.

A family nurse practitioner seeks EB-2 advanced degree classification and NIW. Service center approved underlying EB-2 eligibility but denied NIW. AAO affirmed, finding petitioner's proposed primary care practice using telemedicine lacked national importance; evidence showed only individual patient benefit, not broader healthcare industry impact.

Software engineer and graduate student researcher in information technology seeking EB-2 advanced degree classification and national interest waiver for data security research integrating artificial intelligence and machine learning. Described endeavor in generalized terms without specific details, novel methodology, or demonstrated broad impact. AAO dismissed appeal; first Dhanasar prong not established.

A researcher with a master's degree in electrical engineering sought EB-2 NIW for research in wireless charging technology for smartphones. The AAO confirmed the advanced degree requirement and substantial merit but rejected the petition because uncorroborated expert assertions about national importance were insufficient; the technology's impact was limited to employer, licensees, and customers, not national impact.

Computer science research scientist sought NIW under EB-2 classification. AAO dismissed appeal because proposed endeavor lacked national importance; vague research plans, no identified research field, and no documented permission to publish or present at conferences defeated first Dhanasar prong.

Financial analyst sought EB-2 NIW with advanced degree in finance. AAO affirmed denial, holding petitioner did not establish national importance of continuing financial analyst work; general claims of supporting resilience and aligning with federal priorities, or referencing critical emerging technologies list, insufficient without specific evidence of proposed endeavor impact. Second and third prongs reserved.

An employer petitioned for a data scientist beneficiary for EB-2 with national interest waiver under Dhanasar. The AAO confirmed the beneficiary qualified for EB-2 advanced degree status but dismissed because the proposed endeavor lacked sufficient national importance, being employer-specific rather than broadly impactful.