Published AAO appeal decisions

AI engineer self-petitioner sought NIW based on broad plans to advance AI and exponential technologies for healthcare and general use. AAO found no specific proposed endeavor: petitioner discussed general intentions without particularizing data-driven tools, efficiency gains, or LLM inference work. Appeal dismissed; favorable prong determinations withdrawn without specific endeavor.

A nicotine manufacturer petitioned for a director of product development under EB-2 advanced degree and Schedule A Group II. The beneficiary met two of seven evidentiary criteria (judging and scholarly articles). The AAO affirmed denial because the record did not demonstrate widespread acclaim and international recognition required for Schedule A designation.

IT consultant sought EB-2 with national interest waiver claiming exceptional ability. AAO affirmed second denial after remand, finding only one of six exceptional ability criteria met. National importance not established for proposed IT consulting endeavor.

A mechanical engineer sought a national interest waiver for an EB-2 employment-based petition. The AAO dismissed the appeal, finding the petitioner failed to establish that the proposed thermal management research endeavor has national importance, the first Dhanasar prong required for waiver eligibility.

A healthcare staffing company petitioned for an EB-2 advanced degree classification with Schedule A designation for a physical therapist beneficiary. The petition lacked proof of Florida PT licensure or state qualification at filing. On appeal, the employer submitted a Florida PT license dated after the petition filing. AAO declined to consider late evidence and affirmed denial.

An employer petitions for a financial investor to receive an NIW for consulting services promoting U.S. business investment in China. The AAO found substantial merit but rejected national importance, concluding projected revenue, tax contributions, and job creation lacked evidence of broader regional or national economic impact.

Pharmacist sought EB-2 with national interest waiver claiming exceptional ability. AAO affirmed denial, finding although three criteria were met, evidence did not establish expertise significantly above ordinary levels in pharmaceutical services. NIW prongs reserved as unnecessary.

An entrepreneur seeking EB-2 national interest waiver proposed developing zeolite-based fertilizers, filters, and supplements for agriculture and energy sectors. AAO dismissed the appeal, finding insufficient evidence that his specific endeavor would have national importance or broad field impact beyond promotional materials and general letters.

An employer, a golf course management firm, sponsored an IT project manager for an advanced degree professional classification supported by a labor certification. The service center revoked the approval, alleging a concealed family relationship. The AAO withdrew the revocation and remanded, because no notice of intent to revoke was issued and the decision did not state specific reasons.

A process engineer seeks EB-2 national interest waiver for hydrogen membrane reactor research and development. Appeal dismissed because petitioner failed to establish substantial merit and national importance of proposed endeavor under Dhanasar's first prong; description lacked sufficient specificity and evidence of broader impact. Second and third prongs not reached.

A machine learning engineer with a master's degree sought EB-2 NIW for research into autonomous driving and robotics systems. The AAO confirmed he met the advanced degree requirement and that his endeavor had substantial merit, but rejected the petition because his proposed research lacked sufficient evidence of national importance under Dhanasar's first prong.

A technician sought EB-2 classification with a national interest waiver, claiming exceptional ability. The AAO found the petitioner failed to submit required initial evidence for EB-2 qualification and did not establish exceptional ability. Because EB-2 eligibility was not shown, the NIW analysis was not reached.

A senior scientist with doctoral degree in biology at a multinational pharmaceutical company sought NIW for EB-2. The AAO dismissed appeal after finding proposed drug design research endeavor lacks national importance. Published work and connection to broad health initiatives insufficient; specific endeavor impact not demonstrated at national scale.

A software engineer at an energy company sought EB-2 NIW for offshore infrastructure modernization work using digital-twin modeling. AAO found endeavor had substantial merit and national importance, and beneficiary was well positioned, but denied waiver because petitioner did not establish that labor certification was incompatible with the work.

Private equity firm sponsored senior associate beneficiary for EB-2 national interest waiver. Beneficiary has advanced degree and experience in agriculture and infrastructure sectors, but proposed endeavor lacks national importance; work scope limited to employer and clients despite alignment with national priorities.

Research scientist with advanced degree sought EB-2 with national interest waiver for optimization and operations research. Decision found proposed endeavor has substantial merit and national importance but concluded she lacks sufficient record of success to be well positioned to advance it.

A software engineer with a master's in computer engineering seeks EB-2 NIW for work in AI recommendation systems and APIs. The AAO dismissed the appeal, finding the endeavor failed the national importance prong of Dhanasar because benefits do not extend beyond the employer to regional or national scope.

A software engineer with a master's degree in electrical and computer engineering sought an NIW for work in edge AI computing. The AAO dismissed the appeal, finding the petitioner failed to establish national importance through credible, probative evidence comparable to the standard set in Dhanasar.

An applied scientist and machine learning engineer seeks EB-2 NIW to advance energy security and industrial AI systems. The AAO dismissed the appeal, finding the proposed endeavor lacked sufficient national importance under Dhanasar's first prong despite claims about AI field value.

An employer petitioned for NIW for study management associate II overseeing oncology and hematology clinical trials for advanced therapies. AAO affirmed denial: while the work was meritorious, petitioner failed to show the specific endeavor had national importance or substantial economic impact beyond the employer's clients and consumers.

Metal fabrication Project Procurement Manager seeks NIW for EB-2 classification. Petitioner claimed endeavor modernizes U.S. infrastructure and bridges. AAO dismissed appeal, finding endeavor has substantial merit but lacks national importance because impact is limited to specific clients and projects, not the broader metal fabrication or construction industry.

A utility company seeks NIW for electrical engineer to advance cybersecurity efforts. AAO affirmed denial because the record failed to establish national importance of the beneficiary's specific proposed endeavor; general importance of utility operations and cybersecurity does not satisfy Dhanasar first prong.

Computer scientist specializing in bioinformatics employed by technology company sought EB-2 with NIW. AAO dismissed because evidence demonstrated field importance but failed to establish national importance of petitioner's specific proposed research endeavor or its prospective impact under Dhanasar.

A lawyer sought EB-2 national interest waiver (NIW). He initially stated vague intent to continue studies and practice, then materially changed his proposed endeavor on appeal to establish a legal consulting and education business. The AAO dismissed because he did not establish a specific proposed endeavor at filing, and changed proposals cannot cure defects.

An employer petitioned for a quality assurance manager in aerospace manufacturing, seeking EB-2 advanced degree classification with a national interest waiver. The service center denied it. The AAO dismissed the appeal, holding the endeavor lacked national importance because its impact was confined to the employer and economic benefits were too attenuated, so other prongs were not reached.