Published AAO appeal decisions

Restaurant company seeking to employ beneficiary to lead expansion across United States. Claimed expansion creates thousands of jobs in economically distressed areas and promotes cultural exchange. AAO held specific endeavor lacks national importance; job projections unsubstantiated; 19 jobs per location insufficient; market demand unproven.

An operations research analyst with a PhD sought an EB-2 NIW for data-driven research in supply chain and financial markets. The AAO dismissed because the petitioner failed to demonstrate her specific endeavor's national importance, confusing the importance of the field with the importance of her proposed work.

A property management company sponsored a graphic designer under the EB-2 advanced degree category, not a national interest waiver. After approval was revoked for lack of intent to employ full-time and inability to pay, the AAO found those grounds unsupported but noted missing ability-to-pay evidence for the priority date year, and remanded.

A computer scientist with master's degree sought an EB-2 national interest waiver for research in network architecture for data centers. The AAO dismissed, finding the petitioner established substantial merit but failed to prove national importance of the specific proposed endeavor despite industry relevance.

Biotechnology researcher proposes developing genomic editing tools for disease modeling and gene therapy targeting neurodegenerative and autoimmune disorders. AAO found the endeavor has substantial merit but rejected it because the record fails to establish the proposed endeavor's prospective impact or national importance, relying instead on general industry importance.

An English teacher and educational administrator from Turkey seeking EB-2 NIW classification failed to establish eligibility for the underlying advanced degree classification and did not demonstrate that her specific endeavor of integrating immigrants into the U.S. educational system had national importance, warranting dismissal.

Physical therapist seeking EB-2 with NIW to operate healthcare clinic in the United States. AAO found petitioner met underlying advanced degree requirement but proposed endeavor lacks national importance. While addressing healthcare field shortage, evidence insufficient to show prospective impact beyond local clinic operations reaching national significance.

A financial services professional with expertise in operational risk management sought EB-2 classification with national interest waiver. The AAO dismissed the appeal because his proposed endeavor to modernize fraud prevention and compliance infrastructure lacked demonstrated national importance. His plan would benefit limited stakeholders and offered insufficient evidence of substantial positive economic effects.

A civil engineering company CEO sought EB-2 classification with a national interest waiver. Under the Dhanasar framework, the AAO found the proposed consulting endeavor lacked demonstrated national importance with broader implications, failing the first prong and requiring dismissal.

An electrical engineer sought EB-2 classification with a national interest waiver. The AAO dismissed because the record did not establish she held an advanced degree. She had completed only part of a Ph.D. program and provided no official academic record or proper translation certification. Without satisfying the underlying EB-2 qualification, the Dhanasar prongs were not addressed.

Process engineer with master's degree in chemistry seeks NIW for research optimizing manufacturing of paper and polymer composites for sustainable energy. AAO held the proposed endeavor lacks national importance under Dhanasar first prong; working in important field is insufficient without demonstrating specific endeavor's broad prospective impact.

A data scientist with an advanced degree sought EB-2 classification with a national interest waiver. The AAO affirmed the service center denial, finding the proposed endeavor has substantial merit but lacks national importance because the petitioner provided no evidence of prospective impact beyond the employer or significant economic effects.

Research and development manager in software engineering from China working on machine learning for insurance industry risk assessment. Met first Dhanasar prong on substantial merit and national importance but failed second prong; citations and education alone insufficient to demonstrate well-positioned status. Appeal dismissed.

A forecasting and data analysis researcher sought a national interest waiver for EB-2 classification. The AAO dismissed, finding the first Dhanasar prong met but the second and third prongs unmet: insufficient evidence of being well-positioned to advance the endeavor and that a waiver would benefit the United States.

An agribusiness CEO sought EB-2 with national interest waiver. The AAO dismissed a motion to reconsider, affirming that the petitioner failed to establish national importance because his updated business plan remained uncorroborated and lacked evidence of broader field implications beyond his clients.

A computer scientist with Ph.D. in STEM sought EB-2 national interest waiver for research endeavor. The AAO dismissed, finding he failed the second Dhanasar prong. Though his Ph.D. and publications were favorable factors, he lacked consistent independent research funding or demonstrated government interest to advance his proposed endeavor.

An employer petitioned for a national interest waiver for an EB-2 advanced degree professional working on sustainable semiconductor lithography systems. The AAO agreed with SCOPS that while the beneficiary's work has substantial merit, the petitioner failed to demonstrate its national importance; benefits limited to specific employer and field importance alone do not satisfy the first Dhanasar prong.

Semiconductor foundry petitions for electrical engineer beneficiary under EB-2 with national interest waiver. Beneficiary holds master's equivalent degree. AAO upheld denial: petitioner failed to establish national importance of specific proposed endeavor under Dhanasar first prong; industry importance insufficient without defined project scope and prospective impact.

Music therapist with advanced degree seeking national interest waiver for EB-2 employment-based petition. AAO found substantial merit in proposed music therapy services but denied waiver because endeavor lacked national importance, lacking broader field-wide impact beyond local clients.

Electrical and computer engineer with master's degree seeks NIW for research refining silicon carbide process integration for semiconductor devices. AAO held petitioner failed both Dhanasar prongs: endeavor lacked demonstrated national importance and petitioner was not well-positioned to advance it without employer resources or documented funding.

Electrical engineer sought EB-2 NIW. AAO withdrew SCOPS denial and remanded. Petitioner established substantial merit and national importance of proposed research and that he is well positioned to advance it through education, experience, and expert support. SCOPS must reconsider whether balancing factors favor waiving job offer requirement.

Machine learning software engineer employed by a company seeks national interest waiver. Claimed his proposed AI research has substantial merit and national importance. AAO held the evidence does not demonstrate prospective national or global impact on the field; references to AI importance and conference invitations do not establish national importance of his specific endeavor.

Humanitarian nonprofit petitions for HR manager beneficiary for EB-2 with NIW. Beneficiary holds advanced degree and employer established EB-2 eligibility. AAO dismissed, finding proposed endeavor lacked sufficient national importance to satisfy first Dhanasar prong.

An employer petitioned for an EB-2 national interest waiver for a machine learning engineer developing deep learning and NLP models. The AAO dismissed the appeal, finding the petitioner established substantial merit but failed to demonstrate that the specific proposed endeavor had national importance despite evidence of AI field importance.

Business operations specialist sought EB-2 NIW classification. Service center denied underlying EB-2 qualification and NIW eligibility. AAO dismissed appeal, focusing on first Dhanasar prong: proposed endeavor lacks national importance because it shows no significant potential to employ U.S. workers, no substantial positive economic effects, and anticipated financial loss.