Published AAO appeal decisions

Oil and gas completions specialist seeks NIW under EB-2 with advanced degree. Proposed AI-enabled endeavor aligned with federal supply-chain policies. AAO dismissed appeal, finding substantial merit but no demonstrated national importance; company-specific savings lack broader industry implications required by Dhanasar.

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.

Physicist sought EB-2 NIW for postdoctoral research and future academic positions in physics. AAO rejected SCOPS finding of national importance; petitioner's vague, undetermined research endeavor and few citations lack national or global implications in field. Appeal dismissed.

Legal consultant self-petitioned for EB-2 NIW to facilitate business transactions for U.S. investors entering Albanian market. AAO found substantial merit but no national importance because impact limited to individual clients without broader field implications. Appeal dismissed.

Mathematics educator with 17 years teaching experience sought NIW for EB-2 classification. AAO affirmed SCOPS denial, finding the proposed endeavor lacked national importance because impacts were limited to her company and students without demonstrating broader field-level benefits or innovation.

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.

An entrepreneur in STEM education filed a motion to reconsider an NIW denial for an EB-2 national interest waiver for a coding academy. The AAO affirmed the prior decision that the petitioner failed the first Dhanasar prong: the proposed academy lacked independent corroboration of national importance and would not impact the field beyond local scope.

A business manager filed for EB-2 exceptional ability with national interest waiver. She satisfied three evidentiary criteria initially but failed final merits determination, lacking expertise significantly above ordinary in the field. AAO found no exceptional ability and thus ineligible for EB-2 or NIW, dismissing appeal.

Business executive with advanced degree sought NIW for technology-focused business endeavor. AAO affirmed dismissal, finding proposed endeavor lacks national importance because business plan was vague on location and operations, lacked substantiated financial projections, and provided only generalized industry information rather than specific endeavor impact.

Architectural designer seeking NIW for patented panelized housing system business claiming national importance addressing housing shortage and sustainability. AAO found substantial merit but not national importance, as evidence did not establish prospective national-level impact beyond company operations or how work would significantly impact depressed areas.

Data security and compliance professional with exceptional ability sought NIW for consultancy serving small and medium enterprises and educational institutions. AAO dismissed appeal because petitioner failed to establish national importance; evidence lacked sufficient detail showing the specific company's endeavor would achieve substantial positive economic effects at national scale.

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.

Civil engineer proposing to found consulting services company in Massachusetts. Failed first Dhanasar prong on national importance; generic consulting for construction companies lacked national or global implications. Business plan contained numerous errors and unreliable financial projections. Appeal dismissed.

Petitioner with advanced degree sought EB-2 NIW for project management consultancy using AI optimization. AAO dismissed appeal, finding substantial merit but not national importance. Petitioner conflated industry importance with endeavor-specific prospective impact and failed to demonstrate broader implications beyond her business.

An IT systems engineer seeking EB-2 classification with a national interest waiver filed a self-petition. The AAO found the beneficiary qualified for EB-2 as an advanced degree professional but failed to establish national importance of his proposed endeavor. The vague business plan lacked evidence of significant employment creation or economic benefits at regional or national levels.

An aircraft mechanic sought EB-2 classification with a national interest waiver to develop aviation maintenance training programs. SCOPS found the endeavor had substantial merit but the AAO affirmed dismissal, holding the petitioner failed to establish national importance because the record lacked specifics on prospective impact and the expert letter addressed industry importance rather than the specific proposed endeavor's impact.

Consultant with advanced degree proposing consulting and auditing services for small and medium businesses in financial compliance and governance. AAO held working in important industry insufficient; specific endeavor lacks demonstrated broader implications for field or economy.