Published AAO appeal decisions

Entrepreneur in agricultural technology with advanced degree sought EB-2 with national interest waiver for platform-based operational model. AAO dismissed appeal, finding endeavor lacks national importance because petitioner did not demonstrate impact beyond business and future clients to the field more broadly.

Senior sourcing specialist sought national interest waiver as EB-2 advancing supply chain resilience and national security. Petitioner relied on field importance and federal priorities alignment. AAO dismissed appeal, finding proposed endeavor lacked demonstrated national importance and insufficient evidence of well-positioning to advance it.

An information security analyst holding a master's in cybersecurity operations sought EB-2 national interest waiver for a cybersecurity consulting firm. The AAO found the applicant demonstrated substantial merit but lacked evidence of the specific endeavor's national importance. General industry importance and alignment with federal priorities were insufficient.

Skincare specialist seeking EB-2 NIW for personalized skincare business addressing dermatology, aesthetics, and mental health integration. AAO found petitioner failed to establish underlying EB-2 eligibility and did not satisfy first Dhanasar prong: proposed business lacks demonstrated national importance. Appeal dismissed.

A COO with master's degree sought EB-2 NIW for a business providing global internet connectivity and cloud services. The AAO dismissed the appeal, finding the proposed endeavor's field is important but the specific endeavor lacks demonstrated national importance, broader implications, or substantial projected economic effects required under Dhanasar.

Data protection and technology specialist with advanced degrees sought national interest waiver for developing digital-identity systems. AAO affirmed denial, holding past experience and industry publications about importance of field do not establish prospective impact of specific proposed endeavor.

Medical doctor with 20+ years experience sought NIW for proposed maternal and child health consulting firm. AAO dismissed appeal because petitioner failed to demonstrate national importance; reliance on generalized healthcare sector needs and lack of specific prospective impact defeated first Dhanasar prong.

A biomedical scientist and biotechnology executive with experience in molecular biology and clinical diagnostics proposed to establish a venture consulting practice for early-stage biotech companies. The AAO dismissed the appeal because the petitioner failed to demonstrate the proposed endeavor's national importance; the record showed only individualized client services without broader field-wide impact.

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.

Logistics analyst sought EB-2 exceptional ability classification and national interest waiver. AAO dismissed appeal because petitioner failed to establish exceptional ability by meeting at least three of six regulatory criteria. Petitioner did not demonstrate license to practice profession, professional association membership, or industry recognition.

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.

Training and development specialist sought NIW for STEM education framework under Dhanasar. Advanced degree established. First prong failed: while endeavor had substantial merit, record lacked evidence of national importance and broad prospective impact. Framework described as scalable and replicable without detail or demonstrated innovation. Second and third prongs not reached.

Civil engineer in occupational health and safety proposes a small wastewater consulting and construction company. Claimed endeavor has national importance under Dhanasar framework. AAO dismissed appeal, finding proposed specific endeavor lacks national importance despite wastewater management field having it; projections insufficient to demonstrate significant economic or employment impact.

Mathematical and electrical engineering researcher sought EB-2 national interest waiver. Motion to reopen granted on advanced degree issue but dismissed on merits. Proposed medical imaging research endeavor too vague at filing date; potential impacts on field and national initiatives lacked sufficient direct evidentiary support despite prior research accomplishments.

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.

A Brazilian healthcare specialist with advanced degree seeks NIW for EB-2, proposing to develop audit systems and management frameworks. The AAO dismissed because petitioner failed to establish the underlying EB-2 classification and did not demonstrate national importance of the specific proposed endeavor.

Pilot self-petitioner sought NIW under EB-2 as advanced degree professional. AAO dismissed appeal, finding initial endeavor as airline transport pilot lacked national importance, and petitioner materially changed endeavor in response to RFE without establishing broader field implications.

CEO seeking NIW for eco-friendly manufacturing startup claimed national importance of his business venture. AAO held the endeavor lacks broader field-level impact, representing only routine company-specific benefit insufficient for NIW, distinguishing meaningful national importance from merely important work.

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 business process reengineering consultant sought a national interest waiver under the second preference category. After several earlier denials and dismissals, the petitioner filed a motion to reconsider. The AAO dismissed it because no incorrect application of law or policy was shown, and the arguments were repetitive or could have been raised earlier.

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.