Published AAO appeal decisions

Aerospace engineer and robotics researcher sought EB-2 with national interest waiver to research autonomous decision-making algorithms. The AAO found the proposed endeavor had substantial merit and national importance but dismissed the appeal because the petitioner failed to show he was well positioned to advance the research through publications with minimal citations and insufficient evidence of research impact.

A musician and music educator sought EB-2 immigrant classification with national interest waiver. SCOPS established advanced degree eligibility but denied the waiver. The AAO remanded because SCOPS failed to sufficiently analyze the three Dhanasar prongs and did not put the petitioner on notice of evidentiary deficiencies.

Civil engineer with Ph.D. sought NIW for research on structural reliability and truck platooning safety. AAO found endeavor had substantial merit and national importance but dismissed appeal because petitioner failed to show he was well positioned to advance it or that waiving labor certification would benefit the nation.

Electrical engineer with doctoral degree proposes power grid research on renewable energy integration. AAO found substantial merit and national importance met, but rejected well-positioned prong due to insufficient evidence of research success and impact, and rejected balance prong as contributions do not outweigh labor certification benefits.

A systems engineering specialist and IT entrepreneur sought NIW classification for a software solutions consultancy firm. The AAO remanded because the service center misidentified the endeavor as language education, failed to analyze evidence regarding national importance, and provided insufficient explanation of its findings, preventing meaningful appellate review.

An accountant with advanced degree sought NIW under EB-2. Service center analyzed wrong proposed endeavor (electrical engineering instead of financial consulting). AAO remanded because the denial did not address the petitioner's actual endeavor, noting the accountant's proposed financial consulting work likely does not meet Dhanasar's three prongs.

Computer science researcher with master's degree in statistics seeks EB-2 national interest waiver for AI-driven medical imaging and prediction models development. SCOPS improperly evaluated first prong by conflating proposed endeavor with petitioner's employment history and applying second-prong factors. AAO remanded for reconsideration of whether specific endeavor has prospective national importance.

An artificial intelligence researcher sought EB-2 with national interest waiver without labor certification. The AAO affirmed the service center's finding that the proposed research endeavor lacked the substantial merit and national importance required under Dhanasar's first prong, dismissing the appeal.

AI robotics entrepreneur claims EB-2 exceptional ability. Petitioner meets advanced degree criterion but fails to meet three of six exceptional ability criteria required for classification. Bachelor's degree in aeronautics not demonstrated to relate to robotics endeavor. Comparable evidence for remaining criteria insufficient. Categorical ineligibility established; NIW not reached.

AI algorithm developer sought EB-2 with national interest waiver for U.S. work. SCOPS found substantial merit and national importance but concluded insufficient evidence of qualification to advance endeavor and that waiver would benefit U.S. AAO remanded because petitioner's employment circumstances changed materially since filing; clarification needed on how endeavor will be pursued.

Industrial engineer with Ph.D. seeking EB-2 NIW for developing advanced three-dimensional AI chips. Qualified for underlying EB-2 but failed first Dhanasar prong: proposed endeavor lacks demonstrated substantial merit and national importance. AAO affirmed denial without reaching remaining prongs.

Chemical engineering graduate student seeks NIW for research designing materials for PFAS water purification. AAO found first prong met but rejected second prong, concluding citations and publications alone insufficient to show field influence and well-positioning.

Ph.D. student in computer science pursuing generative AI research sought NIW under Dhanasar. AAO found proposed endeavor had substantial merit and national importance, but petitioner failed second prong: insufficient evidence of being well positioned to advance research through citations, progress, or field recognition.

An aerospace quality engineer sought NIW claiming his work on quality standards and mentoring would benefit the aviation industry. The AAO dismissed the appeal because he failed to establish that his specific proposed endeavor had national importance beyond typical occupational duties.

A research and design engineer supporting U.S. defense and aerospace industries sought EB-2 national interest waiver. The AAO found his proposed endeavor has national importance, he is well positioned to advance it through relevant education and experience, and the balance favors waiver given strategic national interests.

Biochemistry graduate student seeks NIW waiver for antibiotic resistance research endeavor. Service center denied waiver, finding advanced degree established but national importance and waiver benefit not shown. AAO remanded for fuller analysis of Dhanasar prongs, noting service center overlooked expert letters and inadequately addressed evidence.

Conflict resolution consultant with master's degree in global development and peace seeks NIW. AAO dismissed appeal because proposed endeavor, though with substantial merit, lacks sufficient evidence of broader field impact and qualitative significance required for national importance under Dhanasar.

Business development manager seeks NIW under EB-2 to create social networking platform enhancing local small business interactions. AAO dismissed, finding substantial merit but insufficient evidence of national importance; hiring four employees and claimed mental health benefits lack broader field implications.

A biomedical engineering graduate research assistant sought NIW EB-2 classification for livestock safety research. The AAO found the proposed endeavor had substantial merit and national importance but dismissed the appeal because the petitioner failed to demonstrate he was well positioned to advance the endeavor, lacking a demonstrated record of research success.

Computer scientist with master's degree seeking EB-2 national interest waiver for research on optimization algorithms in machine learning. AAO dismissed, finding proposed endeavor lacked national importance; evidence showed importance of field, not specific petitioner's work beyond employer.

A data scientist with a doctorate in computer science sought an EB-2 NIW by proposing AI-driven drug discovery research. The AAO reversed SCOPS' denial, finding the proposed endeavor clearly described with substantial merit and national importance, and remanded for reconsideration of whether the balance favors waiver.

Engineer self-petitioned for EB-2 national interest waiver to develop machine-learning forecasting models for renewable energy. AAO found proposed endeavor has national importance but petitioner not well positioned to advance it. Matter remanded for reconsideration after petitioner provides additional evidence of demonstrated success in similar work.

A researcher in wireless charging technology for smartphones sought EB-2 NIW classification. The AAO dismissed the appeal, finding the petitioner established substantial merit and was well-positioned to advance the endeavor, but failed to demonstrate national importance. Letters lacked corroboration and specific evidence of broader impact on industry, economy, or national security.

An entrepreneur seeking EB-2 classification with a national interest waiver filed a self-petition. The AAO dismissed the appeal of a motion to reconsider without reaching the merits, finding the beneficiary merely resubmitted the same arguments previously rejected rather than establishing error in the prior decision on motion.