Published AAO appeal decisions

Physician-researcher proposing cancer research claims national interest waiver. AAO found first prong met: research has national importance. However, second prong failed: evidence from references lacked specific examples of research impact or progress, and citation metrics did not adequately demonstrate exceptional success.

A drug addiction treatment center petitioned for an EB-2 national interest waiver for an IT operations manager beneficiary. The AAO affirmed denial, finding the proposed endeavor lacked national importance; recommendation letters focused on the beneficiary's individual qualifications and organizational impact only, not industry-wide or profession-wide benefit.

Senior software engineer at AI-driven background check company appealed EB-1A denial. Service Center initially found three criteria met, then in denial found only one met, without adequate explanation. AAO remanded for fuller analysis of each criterion and potential final merits determination, citing insufficient notice and inadequate reasoning.

A mechanical engineer sought EB-2 NIW for advanced manufacturing systems. Between filing and appeal, he materially changed his proposed endeavor to intelligent road-signaling systems. AAO dismissed, holding petitioner failed to establish substantive nature of work he proposes and cannot remedy filing deficiencies with materially different evidence on appeal.

Mechanical engineer seeking EB-2 NIW for renewable energy research. AAO found proposed endeavor meets first prong: substantial merit and national importance in solar power advancement. However, petitioner not well positioned to advance it; published research lacks demonstrated industry impact and no continued research documented post-degree. Appeal dismissed.

Technology company petitioned for senior director in customer experience as EB-1A extraordinary ability. Employer established at least three evidentiary criteria, but AAO found limited, recent evidence does not demonstrate sustained acclaim or placement among small percentage at top of field; appeal dismissed.

A systems engineer sought a national interest waiver for EB-2 classification. The AAO dismissed, finding the petitioner failed to establish the national importance of the proposed consulting endeavor under the first Dhanasar prong, with broad claims and formulaic support letters lacking credibility.

Clinical pharmacologist employed by biopharmaceutical company met three initial evidentiary criteria but lacked sustained national or international acclaim demonstrating placement among the very top of field in pharmacokinetics and pharmacodynamics; appeal dismissed on final merits.

Pilot sought EB-2 national interest waiver for aviation training endeavor. AAO found proposed work has substantial merit but lacks national importance under Dhanasar's first prong. Letters of support insufficient; no evidence of broader industry impact or substantial positive economic effects. Second and third prongs not reached.

A business administrator sought EB-2 classification as advanced degree professional or person of exceptional ability, plus NIW. SCOPS denied both. The AAO remanded, finding SCOPS misrepresented the record, confused two separate petitions, and did not provide meaningful opportunity to contest. No opinion on ultimate merits.

Computer security researcher sought EB-2 NIW to continue research on software security tools for consumer devices and services. AAO found endeavor has substantial merit but not national importance; evidence focused on petitioner's qualifications and field importance rather than proposed endeavor's prospective impact beyond employer.

An electrical engineer sought NIW for work in renewable solar energy. AAO agreed with USCIS that the proposed endeavor has substantial merit but lacks national importance under Dhanasar's first prong. Petitioner failed to demonstrate specific methodologies, unique advances, or prospective impact beyond his employer. Appeal dismissed without reaching remaining Dhanasar prongs.

A financial director and entrepreneur with an advanced degree in finance sought NIW for work as finance director at a used car dealership. The AAO found her original endeavor lacked substantial merit and national importance due to vague descriptions and generic claims about economic benefits without specific, prospective impact evidence.

A researcher and assistant professor sought NIW for EB-2 under Dhanasar. The AAO agreed the proposed endeavor had substantial merit and national importance but concluded the petitioner was not well-positioned to advance it, lacking demonstrated influence, institutional support, or feasible funding for research plans.

Senior security researcher seeks NIW for cybersecurity innovations. AAO dismissed finding proposed endeavor lacks national importance; work benefits only specific employers and clients without broader field or national security implications.

Cybersecurity engineer employed as head of detection engineering sought EB-1A classification. Met initial three criteria: judging, scholarly articles, leading role, and high salary. However, final merits analysis found insufficient sustained national or international acclaim to demonstrate extraordinary ability at top percentage level.

Data scientist with master's degree in computer science; employed in software engineering roles in H-1B status. Met three criteria but failed final merits determination. AAO upheld denial, finding evidence did not establish sustained national or international acclaim or placement among field's elite despite meeting evidentiary threshold.

Data streaming platform petitioned for beneficiary as EB-1A extraordinary ability. Service center granted five criteria but denied on final merits. AAO sustained appeal, finding evidence demonstrates beneficiary's sustained national and international acclaim, placing him among small percentage at top of field.

An advertising and marketing manager sought a national interest waiver for EB-2 classification. The AAO dismissed because her proposed work developing and marketing sustainable bee products lacked national importance, lacking evidence of national or global field implications or substantial economic effects beyond her employer.

Product engineer with MBA sought EB-2 national interest waiver for electric vehicle consulting business. AAO held proposed endeavor lacked national importance under Dhanasar; articles about EV industry and government policy did not establish petitioner's specific endeavor would sufficiently impact the market or economy. Appeal dismissed.

An employer petitioned for a software engineer under the advanced degree category, relying on a labor certification requiring a bachelor's degree plus five years of experience in an alternate occupation. The service center denied it for lacking an advanced degree requirement. The AAO withdrew that decision and remanded for further evidence on actual minimum requirements.

Computer scientist with advanced degree sought EB-2 NIW for data warehouse and machine learning research. AAO held proposed research lacked sufficient detail and documentation to demonstrate national importance beyond employer; relied on petitioner's own statements without corroborating evidence.

A fraud data analyst with advanced degree sought EB-2 national interest waiver for work developing machine learning fraud detection models. She claimed the work addresses important fraud prevention and financial risk. The AAO dismissed, holding her employer-specific role lacks evidence of broader national implications, novel technologies for field-wide adoption, or prospective impact beyond her current position.

Research associate with master's in mechanical engineering sought EB-2 NIW to continue carbon capture and sustainable aviation fuel research. First prong met. AAO affirmed second prong failure: education strong but lacks Ph.D., plan insufficient, no documented role in obtaining funding; appeal dismissed.

Producer of performing arts events in O-1B status sought extraordinary ability classification. Petitioner failed to establish three threshold evidentiary criteria. AAO affirmed denial, finding ABU award not major and publications not scholarly. Final merits determination was reserved because petitioner did not meet initial evidence threshold.