Published AAO appeal decisions

An employer petitioned for a national interest waiver for an engineer working in the electric vehicle sector, who holds an advanced degree. The AAO dismissed the appeal, finding the endeavor had substantial merit but that national importance was not shown, since the evidence stressed industry importance rather than the specific endeavor's impact.

Semiconductor company petitioning for beneficiary as EB-2 professional with advanced degree for graphics and compute product optimization research. Director found endeavor of substantial merit and national importance but beneficiary lacks advanced degree (Ph.D.) and demonstrated track record of success in proposed research area, failing second prong.

An airline pilot seeking EB-2 classification and national interest waiver. Claimed endeavor in pilot training and mentoring had national importance. AAO held proposed work as pilot and instructor lacks sufficient prospective impact on aviation field broadly to satisfy Dhanasar's first prong; industry importance and worker shortage alone insufficient.

Petitioner sponsored lawyer beneficiary for EB-2 national interest waiver in bankruptcy and student loan law. First Dhanasar prong failed because specific endeavor lacks national importance; work limited to individual client representation without broader impact on field. Reserved remaining prongs.

A software engineer seeking EB-2 national interest waiver for digital platform work claimed national economic and security implications. The AAO dismissed, finding petitioner worked in important field but failed to establish how specific endeavor would result in broader implications or direct attribution of national impact to petitioner's work.

Assistant vice president in financial services seeks EB-2 national interest waiver. Petitioner claimed endeavor with artificial intelligence and digital technologies has national importance. AAO held substantial merit established but national importance unmet; endeavor impact confined to company and clients, lacking broader field implications required by Dhanasar.

Dance choreographer sponsored by dance studio for O-1A visa. Claimed significant awards and multiple evidentiary criteria. AAO affirmed denial, finding insufficient evidence of nationally or internationally recognized award and failure to meet at least three alternative criteria required for extraordinary ability.

An employer petitioned for EB-2 national interest waiver for a software engineer specializing in thermal management for electric vehicles. The AAO dismissed, finding the specific proposed work lacked evidence of broader industry or field implications rising to national importance, despite the importance of electric vehicle development and sustainability goals generally.

An employer petitions for a mechanical engineer beneficiary seeking EB-2 with national interest waiver for hardware and audio product design. The AAO affirmed the Director's finding that the specific endeavor lacked national importance; while the field involves critical technologies, the individual's specific design tasks alone do not demonstrate broader implications.

A gaming electronics company sought extraordinary ability classification for a foreign game design lead, claiming five criteria. The AAO found two criteria met (leading role and high salary) but rejected awards and published material claims and found insufficient sustained individual acclaim, dismissing the appeal for failing the three-criterion threshold.

A global financial services company petitioned for an NIW for a beneficiary developing AI and machine learning solutions. The AAO dismissed the appeal, finding the beneficiary's work, though valuable to the employer, lacked broader industry implications necessary to establish national importance under Dhanasar's first prong.

Truck and heavy machinery mechanic sought EB-1A extraordinary ability classification. AAO dismissed, finding petitioner met only one of four claimed criteria and failed to demonstrate sustained national or international acclaim required for final merits determination.

Software quality assurance analyst with advanced degree sought EB-2 NIW classification. AAO held proposed endeavor lacked national importance under Dhanasar because petitioner's specific contributions were not shown to have prospective impact broader than employer or field importance generally.

Senior Electrical Test Process Engineer in battery and electrification sector sought NIW for EB-2 classification. Employer demonstrated advanced degree but failed to establish that her specific work on electrical vehicle battery testing had national importance or broader field impact beyond the employer's immediate operations.

A postdoctoral research scientist in regenerative medicine sought EB-1A classification. The AAO dismissed because she met only one of three required criteria: judging lacked specificity and original contributions lacked evidence of major significance to the overall field.

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.

Design release engineer for automotive company sought NIW for work on electric vehicle and autonomous vehicle systems. AAO held beneficiary's specific engineering role, though in important industry, lacks demonstrated broader implications or national importance distinct from general employer significance.

Airline petitions for assistant director of operations and pilot as EB-2 exceptional ability with national interest waiver. AAO reversed service center's approval, finding beneficiary failed three of six evidentiary criteria, lacking relevant academic credentials, sufficient employment verification, and professional association membership.

Machine learning engineer with advanced degree seeks NIW. Claimed AI research would advance field and generate healthcare savings with national importance. AAO found vague descriptions of intended research without specific details or documentation of prospective impact; working in important AI field alone insufficient without demonstrating specific endeavor's national importance.

IT auditor with advanced degree seeks NIW for cybersecurity and AI consulting endeavor. SCOPS revoked approval, concluding endeavor lacks national importance. AAO affirms that petitioner failed to demonstrate national importance; proposed work extends only to employer and customers without evidence of regional or national economic impact or innovation significance.

Software engineer in Canada employed by Twilio met two of four claimed criteria but not three required. AAO rejected awards claim, rejected comparable evidence argument for awards, rejected salary claim with new evidence, and dismissed without final merits review.

An employer petitioned for an assistant vice president's EB-2 classification with national interest waiver for developing machine learning and advanced analytics tools for market risk management. The AAO affirmed denial; while the work had substantial merit, employer failed to establish it had national importance or impact beyond the specific employer.

English language arts teacher proposed studying Florida's state assessment test impact in charter schools to improve student outcomes. AAO found the study too narrow in geographic and topical scope to demonstrate national importance despite letters claiming transformative field impact.

Postdoctoral researcher in wireless communications and networking seeking EB-2 NIW. SCOPS denied; first appeal found substantial merit and positioning but denied waiver on balancing prong. Motion to reconsider granted after AAO recognized Ph.D. in STEM field working on critical emerging technology as strong positive factor for national benefit under revised Dhanasar analysis.