Published AAO appeal decisions

Lawyer seeking EB-2 advanced degree classification and national interest waiver to establish legal consultancy for sustainable energy. Claimed substantial merit and national importance for Center for Legal Innovation in Sustainable Energy but failed to demonstrate national importance or specific improvements over existing initiatives. AAO dismissed appeal; first and third prongs not established.

A physiotherapist sought EB-2 classification with a national interest waiver. The AAO affirmed that the petitioner failed to meet the underlying EB-2 exceptional ability requirement at the final merits stage, despite satisfying three initial criteria. Because eligibility for the underlying classification was not established, NIW analysis was waived and the appeal was dismissed.

An attorney sought EB-2 NIW classification for fire safety compliance work. SCOPS initially approved but revoked, finding no national importance. AAO affirmed dismissal, holding that working in an important field alone is insufficient; petitioner must show proposed endeavor's prospective impact reaches national importance level.

Research scientist sought EB-2 with national interest waiver for developing artificial intelligence technologies. Decision found proposed endeavor lacks sufficient detail and evidence to establish prospective national importance. Appeal dismissed on first prong failure.

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.

Senior cloud security architect petitioned for EB-2 NIW by technology company. Petitioner claimed research on AI-driven cybersecurity architectures. AAO found substantial merit but insufficient specificity and no demonstrated national importance beyond employer and clients. Appeal dismissed.

A senior software engineer in automotive manufacturing sought NIW. Employer claimed the beneficiary's work on connected, efficient vehicles serves national interests. AAO found industry and STEM importance insufficient; specific prospective impact of individual's role was not demonstrated.

Regional logistics manager employed by yard management services provider sought national interest waiver. AAO affirmed denial, finding broad claims about strategic leadership and industry impact insufficient; specific endeavor showed no prospective national economic benefit or U.S. job creation.

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.

Business development manager in pharmaceutical sector seeks EB-2 NIW. SCOPS found petitioner qualified for EB-2 and met second Dhanasar prong. AAO held first prong unmet because petitioner conflated general field importance with specific endeavor's national importance; no prospective impact directly attributable to petitioner's work.

Cloud software developer with master's degree in computer engineering seeking EB-2 advanced degree professional status with national interest waiver for machine learning research. AAO reversed service center on first prong but dismissed appeal because petitioner lacks sufficient track record and advancement capability beyond educational credentials alone.

Sales division manager and technical advisor sought EB-2 classification with national interest waiver under Dhanasar framework. AAO issued notice of intent to dismiss and instructed response within thirty-three days. Petitioner failed to respond within required timeframe; appeal dismissed as abandoned.

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 nonprofit foundation sought EB-2 classification for a safety and health specialist based on advanced degree. The AAO affirmed denial because the foundation failed to demonstrate ability to pay the proffered wage from tax returns, and a co-executive director's personal commitment to fund the position was insufficient.

An advertising firm sought to employ a strategist under the EB-2 advanced degree category, not a national interest waiver. The job did not require an advanced degree. The firm asked on appeal to recategorize the petition as a professional filing, but the AAO declined because the request came too late, and also noted missing ability-to-pay evidence.

Advanced degree professional in human trafficking prevention seeking EB-2 national interest waiver. Petitioner established substantial merit but failed to demonstrate national importance of specific proposed endeavor. While human trafficking prevention is federally recognized as priority, petitioner's individual work lacks evidence of prospective national or global impact beyond immediate clients. Appeal dismissed.

Soccer coach for academy seeks EB-2 with NIW. AAO found substantial merit but not national importance; work benefits specific employer and clients but lacks broader implications or substantial economic effects at regional or national level. Petitioner waived appeal on remaining prongs.

Beverage company petitions for industrial engineer with advanced degree in quality systems management under EB-2 NIW. Engineer qualifies for underlying EB-2 classification. Proposed work on manufacturing methodologies lacks national importance; focus is company-specific without broader field implications. Appeal dismissed.

Data scientist with master's degree in computational science proposes NIW for research on ethical AI frameworks. SCOPS determined substantial merit existed but national importance not shown. AAO affirmed, finding insufficient evidence that proposed endeavor rises to national importance level; did not address remaining Dhanasar prongs.

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.

An engineering corporation sponsored a cost and project controls engineer for EB-2 with national interest waiver. AAO upheld the denial, finding the specific endeavor lacked national importance despite work on school district capital projects, as it showed no broader field or economic impact beyond individual projects.

International development specialist with master's in law sought EB-2 with NIW for power sector finance projects. Service center acknowledged advanced degree eligibility. AAO found proposed endeavor lacked specificity and national importance; petitioner's accomplishments misdirected in first Dhanasar prong analysis. Appeal dismissed.

A restaurant petitioned to classify a mixologist as O-1A extraordinary ability. The petitioner initially claimed O-1A (sciences, education, business, athletics) but later argued mixology is O-1B (arts). The AAO dismissed the appeal because the petition was filed under O-1A, which does not cover arts; the petitioner cannot change classifications mid-process and must satisfy the category claimed at filing.

Archaeology business petitions for O-1 visa for archaeologist beneficiary. Appeal dismissed on consultation requirement grounds: Turkish-American organization consulted lacked demonstrated expertise in archaeology or archaeology business. Merits regarding evidentiary criteria reserved and not decided.

An automotive quality manager sought EB-2 NIW classification. Although the Director found substantial merit and that the petitioner was well-positioned to advance automotive quality improvements, the AAO affirmed dismissal, finding insufficient evidence of national importance beyond general industry benefits.