Published AAO appeal decisions

Employer sponsored data science associate in financial services for EB-2 NIW. Beneficiary proposed continuing work in AI, anti-money laundering, and data visualization. AAO dismissed, finding endeavor has substantial merit but lacks national importance; letters contained general assertions without specific evidence of field-wide impact or innovation.

Employer-sponsored NIW petition for beneficiary machine learning engineer. Claimed national importance through AI and cybersecurity technologies enhancing gaming platforms. AAO held STEM field and worker shortage insufficient; specific endeavor lacks broader implications beyond employer's clients; no substantial positive economic effects demonstrated.

Petroleum engineer with advanced degree sought EB-2 national interest waiver for work on hydraulic fracturing fluid technologies. Petitioner's endeavor had substantial merit but lacked required national importance. Decision distinguished between employer significance and specific endeavor impact, finding insufficient evidence of prospective impact directly attributable to petitioner's work.

An employer petitioned for an EB-2 national interest waiver for a financial manager proposing to establish an alcoholic beverage trade company with cultural activities. The AAO found the proposed endeavor had substantial merit but lacked national importance, as projected job creation and economic benefits were insufficient to demonstrate broader economic impact. Appeal dismissed.

Product manager sponsored by employer for EB-2 with NIW. Claimed proposed endeavor in cloud gaming analytics has substantial merit and national importance. AAO held endeavor lacks national importance because benefits are limited to specific employer despite national footprint; working in important field insufficient; labor certification process addresses STEM shortages.

Toxicologist sponsored by employer for research in health and safety risk assessment sought national interest waiver. AAO found endeavor had merit and beneficiary well positioned, but waiver not warranted because labor certification was not shown impractical and no urgent national interest was demonstrated.

Systems administrator for AI laboratory in clinical research company seeks EB-2 with NIW. Petitioner showed substantial merit but failed to demonstrate national importance of the endeavor. Decision held specific work lacks broader implications or scale reaching national impact in STEM despite relating to AI and clinical trials.

Senior software engineer with master's degree in computer science seeks NIW for enterprise network security and cloud solutions development. AAO affirmed dismissal, holding proposed endeavor lacks national importance; work in important field insufficient; benefits to single employer inadequate for national importance.

Integrated circuit design engineer specializing in semiconductors sought EB-2 advanced degree and NIW. AAO found proposed endeavor has substantial merit but lacks national importance; working in critical field insufficient without evidence of specific endeavor's prospective impact.

Accountant and financial analyst proposed contributing expertise to businesses, promoting diversity and cultural enrichment. AAO agreed with director that working in an important field does not establish endeavor national importance; no evidence of novel methodologies, employment potential, or broader economic impact.

Software developer/consultant in cloud computing and DevOps sought EB-2 exceptional ability and NIW. AAO found proposed consultancy lacks national importance despite merit of field and petitioner's skills; no evidence of broader impact beyond employer clients.

Automotive parts company petitions for software verification and validation engineer with advanced degree under EB-2 NIW. Engineer qualifies for underlying EB-2 classification. Proposed work on regulatory compliance lacks national importance; does not demonstrate new advancements or significant impact beyond company operations. Appeal dismissed.

Sales representative for pharmaceuticals/hospital products with advanced degree sought EB-2 NIW to lead commercial endeavor in USA. AAO found proposed endeavor lacks national importance under Dhanasar despite general industry merit; no evidence of prospective impact or government interest.

An employer petitions for NIW for a beneficiary working as an automotive HVAC engineer to continue developing energy-efficient electrified HVAC systems. The AAO dismissed because the petitioner failed to establish the beneficiary's specific proposed endeavor has national importance; working in an important field and industry does not establish the specific work extends beyond the employer with broader impact.

Engineer seeking NIW for computer systems architecture and project lead role at multinational retail company. Petitioner established proposed endeavor has substantial merit but failed to demonstrate national importance. Decision held work with advanced technologies insufficient without evidence of specific prospective economic impact or U.S. job creation from petitioner's particular role.

IT professional with master's degree seeks NIW as advanced degree professional. Petitioner claimed healthcare IT work addressing national needs and data security would have national importance. AAO found work only benefited single employer and immediate clients, lacking field-wide impact required for national importance under Dhanasar first prong.

Software engineer with master's in computer science sought NIW under EB-2. AAO confirmed advanced degree qualification but dismissed appeal, finding her proposed cybersecurity work lacked national importance because it would not extend beyond her employer and clients to impact the field broadly.

Oil and gas engineer employed by major energy company, seeking EB-2 with national interest waiver. Petitioner claimed work supports energy security and economic growth through efficiency innovations. AAO found working in an important field insufficient; the specific proposed endeavor of continuing employer work lacks defined future aspirations and sufficient national or global implications.

An employer sponsored a lead EV applications engineer for EB-2 NIW classification to develop electrified axles for electric and hydrogen fuel cell vehicles. The AAO dismissed the appeal, finding the proposed endeavor lacked demonstrated national importance; work on an important product does not establish the endeavor extends beyond the employer to impact the broader industry.

Employer petitions for beneficiary as senior site reliability engineer under EB-2 with NIW, claiming role advances cloud infrastructure and U.S. technological competitiveness. AAO held endeavor has substantial merit but not national importance; beneficiary's specific contributions lack demonstrated broader impact on U.S. economy or field beyond employer.

An electronic products manufacturer sponsored an NIW petition for a beneficiary with a master's in computer science to develop AI and data analytics infrastructure. The AAO dismissed the appeal, finding while the endeavor had substantial merit, the petitioner failed to establish national importance because benefits would not extend beyond the company and its clients.

A senior site reliability engineer seeks EB-2 NIW for work in cloud infrastructure and digital entertainment. Beneficiary established advanced degree eligibility and endeavor substantial merit, but failed to demonstrate national importance of specific proposed work beyond field and employer significance.

Physician-scientist specializing in epidemiology sought EB-2 exceptional ability and NIW. Service Center found first Dhanasar prong met; AAO reversed: petitioner's vague research plan lacks specific national importance. Second prong also fails: foreign medical degree does not satisfy U.S. physician licensure; petitioner not well-positioned to advance proposed endeavor.

A healthcare manufacturing company petitioned for an EB-2 national interest waiver for a financial manager continuing existing work at a U.S. location. The AAO found the proposed endeavor lacked national importance despite STEM-related arguments and industry documentation, as neither work experience nor field shortage alone established broader impact. Appeal dismissed.

Biomedical engineer with advanced degree seeks EB-2 with national interest waiver to research neurodegenerative diseases. AAO sustained appeal, finding all three Dhanasar prongs met: research has substantial merit and national importance, petitioner well-positioned to advance it, and waiver would benefit United States.