Published AAO appeal decisions

A marketing director for a luxury resort wear company sought extraordinary ability classification through employer petition. Claimant submitted five criteria but failed three regarding awards, publications, and critical role. AAO declined final merits review after finding insufficient initial evidence threshold satisfaction.

Education and public safety specialist seeks EB-2 NIW for proposed security services business and training company. Petitioner qualifies as advanced degree professional but failed to establish national importance of endeavor or evidence of success positioning her to advance it, thus ineligible for waiver.

Employer-sponsored NIW petition for driver information applications engineer beneficiary. AAO affirmed denial, finding petitioner failed to establish the beneficiary's proposed work has sufficient national importance; benefits limited to employer without broader field-wide implications.

A telecommunications researcher with doctorate proposed advancing machine learning and deep learning research under EB-2 national interest waiver. AAO found her endeavor met national importance but dismissed appeal because publications, nominal peer reliance, and limited demonstrated funding responsibility failed to show she was well positioned to advance it.

A research scientist with a PhD in computer science sought EB-2 NIW for AI research in multimodal machine learning. SCOPS denied NIW but approved advanced degree qualification. The AAO reversed, finding all three Dhanasar prongs met: substantial merit and national importance in AI, petitioner well-positioned, and waiver balances beneficially for the United States.

Financial analyst seeking EB-2 with NIW for financial advisory services initiative. AAO found petitioner lacks advanced degree meeting regulatory standard and proposed endeavor lacks national importance under Dhanasar. Insufficient evidence demonstrated prospective impact on field, employment, or economic benefits at national level.

A beamline scientist at a Department of Energy facility claimed extraordinary ability under seven criteria. The AAO found three initial criteria met but concluded the totality of evidence did not establish sustained national or international acclaim or placement among the small percentage at the very top of the field, therefore dismissing the appeal.

Employer (veterinary group) petitioned for beneficiary, director of veterinary surgical education. Beneficiary met four initial criteria including publications and peer review. AAO dismissed, holding that while criteria were met, the totality of evidence did not show sustained national or international acclaim or position among the very top of the field.

A manufacturing engineer in the automotive sector sought an EB-2 classification with a national interest waiver, claiming the work would improve manufacturing efficiency. The decision is an NIW case, not extraordinary ability. The appeal was dismissed because the national importance of the specific endeavor was not shown beyond the employer's plant.

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.