Published AAO appeal decisions

Petitioner is a cybersecurity professional proposing to advance Internet of Things security in critical infrastructure. The AAO dismissed the appeal finding substantial merit but lacking national importance; petitioner's skills and client-focused work do not demonstrate broader implications rising to national importance level required.

Chemical and biomedical engineer with Ph.D. sought EB-2 classification and NIW. Petitioner established first prong of substantial merit and national importance of proposed research endeavor. AAO agreed but found petitioner did not sufficiently demonstrate record of success in related efforts, citations impact, or viable plan with documentary support for claimed employment.

High school mathematics teacher with fifteen years experience seeks NIW for EB-2 to develop hybrid and distance learning instructional framework. AAO dismissed appeal because petitioner failed to address USCIS findings on the third Dhanasar prong and waived the issue by failing to contest specific conclusions about impracticality of labor certification and national benefit.

Founder and president of automotive parts wholesaler sought EB-2 exceptional ability classification and NIW. Petitioner claimed academic record, ten years experience, license, and membership criteria. AAO found beneficiary met only one criterion, not the required three, so does not qualify for exceptional ability and NIW analysis not reached.

A data scientist sought EB-2 national interest waiver for a public policy perception analysis endeavor using data-driven technologies. Although the specific endeavor had substantial merit, AAO agreed with USCIS that the petitioner failed to establish national importance. Proposed work would operate within single employer without broader field implications or substantial economic effects. Appeal dismissed.

A chief engineer in sustainable building filed a national interest waiver petition but submitted falsified reference letters. AAO found the petitioner willfully misrepresented material facts by knowingly submitting false documents, rendering him inadmissible. Appeal dismissed due to fraud and failure to meet all three Dhanasar prongs.

Educational technology researcher claimed NIW for health literacy research advancing competency-based learning. AAO held proposed endeavor lacks demonstrated national importance despite university adoption at one institution, and applicant failed to show recent productivity or sustained research continuation warranting waiver.

A materials engineering researcher proposed computational modeling research to improve additive manufacturing processes and sought a national interest waiver. The AAO agreed the endeavor has substantial merit but held national importance was not shown, since the evidence did not demonstrate prospective impact. It dismissed the appeal and reserved the remaining prongs.

Industrial machinery mechanic sought EB-2 exceptional ability classification with national interest waiver. AAO found petitioner met only two of six criteria and lacked exceptional ability: professional identity card did not constitute recognized profession license; salary evidence insufficient; professional association membership unsubstantiated; achievement recognition undemonstrated. Appeal dismissed.

Software engineer proposing AI infrastructure development for large language models advancing U.S. innovation seeks NIW under EB-2. AAO remanded because record was incomplete with illegible exhibits and SCOPS did not fully evaluate all three Dhanasar prongs. Petitioner to resubmit clear copies and articulate national importance and balance analysis.

A scientist seeks EB-2 classification with national interest waiver to conduct immunology research targeting autoimmune diseases and cancer. Service center denied the waiver based on inadequate national importance. AAO remanded because service center failed to properly analyze the proposed endeavor's specifics, the petitioner's qualifications, and factors favoring waiver.

Chief urban planner with advanced degree seeks EB-2 national interest waiver for mixed-use real estate and housing policy work. AAO withdrew SCOPS denial and remanded because SCOPS provided insufficient reasoned analysis of evidence supporting all three Dhanasar prongs.

Production engineer and entrepreneur sought EB-2 NIW for consultancy business. AAO found petitioner qualified as advanced degree professional but rejected endeavor's national importance. Consultancy services lacked sufficient prospective impact on industry or economy; job creation projections insufficiently detailed. Appeal dismissed.

A franchise owner in solar and EV charging installation sought EB-2 national interest waiver. Underlying advanced degree qualification was established, but the Dhanasar framework analysis failed at the first prong. The AAO found his specific endeavor lacked national importance despite the importance of the solar and EV sectors generally; benefits were localized to small subsets. Appeal dismissed.

Professional in employee training and development sought EB-2 national interest waiver. Failed NIW Dhanasar first prong; proposed nationwide capacity-building endeavor lacks demonstrated national importance and lacks specific scalable model or significant U.S. employment potential.

Cybersecurity professional with Master's degree sought EB-2 national interest waiver without job offer. AAO affirmed denial, finding the proposed endeavor lacked national importance despite claimed expertise in enterprise platforms. Unsupported assertions about billion-dollar transactions and strategic alignment insufficient without corroborating evidence of specific prospective impact.

Data scientist with doctorate in data science and master's in statistics sought NIW for computing and data analysis research endeavor. AAO sustained appeal, finding endeavor has national importance, petitioner well positioned to advance it given STEM doctorate and demonstrated progress, and waiver benefits United States.

Legal consultant in alternative dispute resolution sought EB-2 with national interest waiver. Proposed establishing consultancy for ADR and public bond investment. AAO dismissed, finding the specific endeavor lacked demonstrated national importance; petitioner confused field importance with endeavor-specific impact and failed to show broader implications.

A chemist and postdoctoral researcher sought EB-2 national interest waiver for research on high-performance materials for energy conversion. The AAO found the proposed endeavor met the first Dhanasar prong but the petitioner was not well positioned to advance it due to lack of demonstrated success and institutional support. The appeal was dismissed.

A research scientist with a master's degree in electrical and computer engineering sought an NIW for EB-2 classification. The AAO found the proposed endeavor had substantial merit and national importance but dismissed because the petitioner lacked a concrete plan and employment pursuit evidence to demonstrate he was well-positioned to advance it.

A civil engineer with a master's degree sought EB-2 classification with a national interest waiver for an AI-based construction software tool. The AAO found the petitioner qualified for EB-2 and established substantial merit but dismissed the appeal because the petitioner failed to demonstrate the national importance required by Dhanasar's first prong.

Materials engineer seeking EB-2 with national interest waiver for supply chain optimization initiative. Petitioner holds advanced degree but failed to establish national importance of proposed endeavor; claimed scalability and broad impacts lack specific details and independent corroborating evidence.

Research engineer seeks NIW under EB-2 to conduct research in vehicle safety, renewable energy, and data centers. AAO dismissed, finding substantial merit but insufficient evidence of national importance; research activities limited to employer and clients without demonstrated broader implications.

Sales manager seeks national interest waiver for EB-2 classification. AAO withdrew service center decision and remanded for new decision because the original denial lacked sufficient analysis and explanation of how evidence failed to meet Dhanasar prongs; service center provided block quotations without explaining specific deficiencies.

Entrepreneur self-petitioner sought NIW for medical billing and revenue cycle management business. SCOPS found substantial merit but not national importance. Petitioner appealed with only generalized error statements without developing arguments for any Dhanasar prong. Appeal dismissed for waived arguments and failure to meet burden.