Published AAO appeal decisions

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.

Martial arts academy petitioned for EB-1A extraordinary ability for Muay Thai coach beneficiary. AAO dismissed appeal, finding athlete failed to meet three regulatory criteria required for extraordinary ability. Athletic awards, team affiliations, and media coverage did not establish excellence or acclaim in coaching field specifically.

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 After approval was revoked for lack of intent to employ full-time and inability to pay, the AAO found those grounds unsupported but noted missing ability-to-pay evidence for the priority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.

Information security analyst IV with PhD sought EB-1A extraordinary ability classification. AAO found beneficiary satisfied judging and authorship criteria but withdrew service center findings on leading role and high salary; did not meet threshold of three criteria; final merits determination not reached.

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.

A data scientist employed at a tech company petitioned for EB-1A. The AAO found the petitioner failed to meet the threshold requirement of three initial evidentiary criteria. Only the awards criterion was analyzed and rejected; remaining criteria were not addressed as the first prong already failed.

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 global vehicle manufacturer petitioned for a vice president of vehicle engineering to receive extraordinary ability classification. The AAO found the beneficiary did not meet the awards, membership, or high salary criteria and failed the final merits determination, concluding insufficient evidence of sustained national or international acclaim.

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.