Published AAO appeal decisions

A business continuity planner seeks EB-2 NIW based on exceptional ability and national interest. The AAO found the endeavor has substantial merit but lacks demonstrated national importance because support for Latino small businesses lacks sufficient prospective economic impact or field-wide implications, and the petitioner failed the first Dhanasar prong.

Automotive engineer seeking NIW for startup consulting company. Claimed national importance through workforce upskilling and STEM education. AAO dismissed because specific endeavor lacks national importance; industry importance and general workforce education insufficient under Dhanasar framework.

Advanced degree professional sought NIW for EB-2 as commercial pilot, flight instructor, and consultant. AAO found substantial merit but rejected national importance prong, concluding proposed endeavor lacks sufficient breadth or impact to benefit national economy as required by Dhanasar framework. Appeal dismissed.

A biochemist with a Ph.D. in Korean integrative medicine seeks EB-2 national interest waiver. The AAO agreed the proposed endeavor met the first Dhanasar prong but remanded because SCOPS inadequately analyzed the petitioner's h-index, citations, publications, and recommendations for the second prong.

An entrepreneur and computer systems engineer sought NIW classification to operate an IT services company. The appeal was dismissed because the petitioner failed to establish the venture's national importance or that a waiver would benefit the United States, and also lacked advanced degree credentials as initially claimed.

Business management consultant with advanced degree sought EB-2 NIW. AAO dismissed appeal, finding proposed endeavor lacked national importance under Dhanasar first prong. Business plan projections and service to minority-owned small businesses insufficient to demonstrate broader economic or sectoral impact.

A postdoctoral medical researcher with Ph.D. sought EB-2 national interest waiver for machine learning research on disease diagnosis and treatment. The AAO dismissed, holding that despite meeting the first prong, she failed the second prong: no secured funding, primarily collaborative research background, and insufficient evidence of independent success or detailed plan for future activities.

Doctoral researcher in microbiology and bioinformatics sought NIW for EB-2 classification. AAO found proposed research endeavor had substantial merit and national importance, and petitioner was well-positioned to advance it, but dismissed motion to reconsider because petitioner failed to demonstrate expertise significantly above ordinarily encountered in field.

An automotive engineer seeks EB-2 with national interest waiver to develop advanced safety features for vehicles. He claimed impact on road safety and public health but failed to establish broader field applications or how the endeavor transcends organizational level impact. The AAO dismissed the appeal.

An advanced degree professional in a STEM field proposes an endeavor with substantial merit and national importance. The AAO remanded because the service center improperly analyzed whether the petitioner is well-positioned to advance the endeavor and failed to adequately explain the balance-of-benefits analysis under Dhanasar.

A postdoctoral medical researcher seeks NIW for EB-2 to continue postdoctoral research. AAO found the endeavor has substantial merit and national importance but the petitioner is not well-positioned to advance it; she plays a support role, lacks demonstrated funding, and has limited research impact.

Financial advisor and entrepreneur seeking EB-2 with national interest waiver proposes to grow small and medium-sized enterprises and improve tax systems. AAO held she lacked advanced degree eligibility; also did not establish national importance of the specific endeavor, as projections were uncorroborated and methods lacked demonstrated innovation or broader field implications.

Mechanical engineer researcher self-petitioner sought NIW under EB-2 for thermal battery development research. AAO affirmed first prong met but reversed on second prong, finding PhD degree and citations insufficient to demonstrate she is well-positioned to advance the proposed endeavor.

A chief executive officer with a medical degree sought EB-2 classification and NIW for a healthcare startup. The proposed endeavor met substantial merit but lacked demonstrated national importance. Projections lacked detail; techniques were not shown as sufficiently innovative or distinct; no broad field impact or employment of disadvantaged workers established.

Postdoctoral fellow in biomedical research sought EB-2 NIW with advanced degree. Proposed cancer research endeavor met substantial merit and national importance, but AAO found petitioner not well positioned to advance it: lacking significant funded grant record, evidence of work adoption by others, or comprehensive future plan despite strong academic credentials.

An IT consultant sought EB-2 with national interest waiver to establish a consultancy serving the pharmaceutical industry. The AAO affirmed dismissal because his business plan, though showing substantial merit, lacked sufficient evidence that the methodology had been adopted in industry or would significantly benefit the national economy.

Lawyer seeks NIW for EB-2 classification to establish immigration law firm providing legal services to immigrants. AAO found proposed endeavor lacked national importance; petitioner did not demonstrate how services would differ from existing firms or impact field broadly; appeal dismissed.

AI researcher sought EB-2 classification with national interest waiver for research on information retrieval and natural language processing. SCOPS initially approved then revoked. AAO sustained appeal, finding petitioner established national importance of endeavor, demonstrated requisite expertise, and proved waiver would benefit the United States.

International legal advisor in business consulting seeks EB-2 national interest waiver. Petitioner claimed endeavor had national importance through ecosystem strengthening and cross-border business benefits. AAO held first Dhanasar prong unmet: proposed endeavor lacks documented national importance; cited evidence addresses general field trends, not specific endeavor impact; insufficient proof of substantial economic benefits.

Masonry and stone restoration specialist with advanced degree equivalent sought NIW for sustainable historic preservation work. Remanded because SCOPS did not determine if proposed job requires advanced degree professional and failed to explain national importance finding adequately.

AI researcher seeking EB-2 with national interest waiver claimed substantial merit, national importance, positioning to advance, and balance favoring waiver under Dhanasar. AAO found first prong met but rejected second and third prongs: petitioner lacks completed degree, secured funding, or concrete employment plans; waiver not shown beneficial to United States.

A cybersecurity specialist seeks NIW as an EB-2 advanced degree professional. The AAO dismissed because the petitioner did not possess an advanced degree at filing and the proposed endeavor—personal career advancement—lacks the national importance required under the first Dhanasar prong.

Agricultural scientist seeking EB-2 national interest waiver for climate-resilient farming research. AAO found proposed endeavor met substantial merit and national importance prong but applicant failed second prong: master's degrees and publication record insufficient to establish she is well positioned to advance the endeavor. Third prong not addressed due to failure on second prong.

An electrical engineering Ph.D. candidate sought EB-2 national interest waiver for research on power electronics for renewable energy. The AAO dismissed the appeal, finding the endeavor had substantial merit and national importance but the petitioner failed to demonstrate she was well positioned to advance it via her research record and impact.

Computer scientist researching AI applications in healthcare sought EB-2 national interest waiver. Proposed work on multimodal AI systems addressing healthcare transparency. AAO found proposed endeavor had substantial merit and national importance with global implications, applicant well positioned via expertise and prior government-funded research, and waiver beneficial to U.S. on balance given national security and competitiveness implications.