Published AAO appeal decisions

An employer petitioned for a software engineer under the advanced degree category, relying on a labor certification requiring a bachelor's degree plus five years of experience in an alternate occupation. The service center denied it for lacking an advanced degree requirement. The AAO withdrew that decision and remanded for further evidence on actual minimum requirements.

An employer petitioned for a websystems administrator under EB-2 advanced degree category with labor certification. The service center revoked approval due to an undisclosed familial relationship between the beneficiary and the petitioner's president. The AAO found the labor certification remained valid but remanded to determine whether either party willfully misrepresented material facts.

Senior legal advisor with advanced degree sought EB-2 with national interest waiver. Service center denied without analyzing evidence against Dhanasar framework. AAO remanded because service center failed to discuss evidence, identify insufficiencies, or explain conclusions for any of the three prongs required for meaningful appellate review.

An employer petitions for software engineer beneficiary for EB-2 NIW classification. SCOPS erred by analyzing prior work rather than proposed endeavor, and failed to apply STEM field guidance. AAO withdrew SCOPS decision and remanded for proper analysis of all three Dhanasar prongs with appropriate consideration of software engineering innovation.

Senior engineer in AI research seeking NIW under Dhanasar framework for continued research on safe, autonomous AI systems. Service center's denial lacked complete analysis of evidence, made contradictory statements, and failed to address all arguments. Remanded for proper application of all three Dhanasar prongs with complete evidentiary analysis.

A civil engineer with a master's degree in civil engineering sought EB-2 classification with a national interest waiver. The AAO agreed he qualified as an advanced degree professional but remanded the case because SCOPS made contradictory statements on national importance and provided no analysis for the well-positioned prong, denying him fair notice.

Mechanical engineer with advanced degree sought EB-2 with national interest waiver for semiconductor manufacturing advancement. Service center denied without adequate explanation of Dhanasar prongs analysis. AAO remanded for new decision because service center failed to explain rationale and adequately address petitioner's proposed endeavor rather than employment position.

Tattoo studio petitioned for O-1A classification for tattoo artist beneficiary. AAO determined beneficiary met at least three evidentiary criteria despite SCOPS finding only two. Decision withdrawn and remanded for SCOPS to evaluate totality of evidence and determine whether beneficiary demonstrated sustained national or international acclaim in the arts.

Healthcare company petitioned for registered nurse as EB-3 skilled worker. AAO remanded because the record lacked regulatorily required audited financial statements evidencing ability to pay the proffered wage in the petition priority year 2024, and to clarify which entity would employ the beneficiary.

An advanced manufacturing engineer seeks EB-2 with NIW. The AAO agreed substantial merit was shown but found the petitioner did not adequately demonstrate national importance of the specific endeavor. The decision remanded for the director to reconsider the third prong using STEM-field guidance from policy manual.

Financial technology company petitions for beneficiary in fintech as extraordinary ability immigrant. Claimed six criteria; director found two met. AAO finds three criteria satisfied: judging, leading role, and scholarly articles via comparable evidence of trade show presentations. Matter remanded for final merits analysis on sustained acclaim.