Published AAO appeal decisions

Mechanical engineer from Brazil proposing industrial maintenance services, consulting, and workforce training business seeking EB-2 NIW. AAO found petitioner lacked five years progressive experience for advanced degree professional basis. On merits, proposed endeavor lacks sufficient documentary evidence of national importance; workforce shortage alone insufficient; no showing of significant employment or regional economic benefit.

A software developer with advanced degree claims NIW for low-code platform development work. AAO affirmed SCOPS' denial, finding the endeavor has substantial merit but lacks national importance, as supporting letters conflate field importance with specific endeavor impact and job creation claims lack corroboration.

A petitioner sought EB-2 advanced degree or exceptional ability classification with national interest waiver under Dhanasar. The AAO dismissed the motion to reopen, finding the petitioner resubmitted identical documentation already in the record without new facts supported by evidence, and failed to comply with Form I-290B instructions for filing additional materials.

Semiconductor engineer with advanced degree in physics seeks EB-2 national interest waiver. Proposed developing semiconductor chips for telecommunications and computing. AAO found endeavor aligned with industry priorities but lacked demonstrated substantial national importance beyond incremental contributions. Appeal dismissed.

General manager and logistician in delivery and transportation sought EB-2 with national interest waiver. AAO found substantial merit in endeavor but dismissed appeal because petitioner failed to demonstrate national importance of his specific business beyond local clientele.

Adapted physical education specialist and entrepreneur proposes health and wellness centers for special needs children in Florida, Massachusetts, and Georgia. Claimed national interest waiver for EB-2. AAO affirmed denial, finding endeavor lacks national importance despite substantial merit; business plan lacks evidence of broader field impact or economic scale reaching national significance.

Infrastructure specialist proposed IT consulting firm offering system design, project management, and cybersecurity services. Sought EB-2 NIW but petitioner failed to establish specific endeavor had national importance beyond potential client benefit. AAO dismissed, finding insufficient prospective impact on IT field or economy.

Assistant professor of Arabic languages seeks waiver based on language instruction and curriculum development supporting military personnel readiness. Claimed endeavor involves research on cross-cultural communication and specialized translation. AAO dismissed appeal, finding proposed endeavor has commendable ambitions but lacks documented prospective impact rising to national importance.

Postdoctoral researcher with advanced degrees seeks NIW for CAR T cell research involving epigenetic reprogramming. AAO found endeavor meets national importance but failed to demonstrate she is well positioned to advance it despite citations and peer review participation.

Chemical engineer self-petitioner sought NIW for EB-2 advanced degree classification. AAO affirmed denial because petitioner failed to establish national importance of proposed endeavor due to vague, inconsistent description of multiple different jobs, and failed to show he was well positioned to advance any coherent endeavor without demonstrated government interest or fellowship offer.

An attorney with advanced degrees seeks NIW to develop AI legal technology. AAO dismissed appeal, holding that while industry importance aligns with government priorities, petitioner failed demonstrating specific proposed endeavor's prospective impact at national importance level required by Dhanasar.

An EV industry consultant sought an EB-2 national interest waiver to improve production and efficiency in the electric vehicle sector. The AAO affirmed denial because the proposed endeavor, while addressing national concerns, lacked demonstrated national importance and broader field implications beyond specific client work.

Petitioner sought EB-2 national interest waiver. Motion to reconsider argued prior AAO decision misapplied the Dhanasar framework and evidentiary standards. AAO dismissed because petitioner merely reargued facts already considered and failed to identify specific legal or policy errors in the prior decision.

A petroleum engineer with master's degree in sustainable energy sought NIW for EB-2, planning to join an oil-gas company or establish a consulting firm. The AAO dismissed appeal after finding proposed endeavor in energy optimization and well integrity lacks national importance. Alignment with federal energy priorities and professional qualifications insufficient without concrete prospective impact.

An IT specialist and entrepreneur sought NIW for enterprise architecture and SAP transformation advisory services. AAO dismissed because the applicant failed to demonstrate national importance of the specific proposed endeavor; lack of evidence corroborating job creation projections and economic impact claims.

Sustainable design consultant with experience in architecture and urban planning seeks to transform U.S. urban housing through sustainable, recycled materials like shipping containers. Claimed endeavor has national importance. AAO dismissed appeal, finding endeavor lacks demonstrated national importance and broader field implications required by Dhanasar.

Entrepreneur and operations manager proposing eco-friendly swimwear manufacturing and distribution business claiming national interest waiver. AAO dismissed appeal, finding endeavor lacks national importance; sustainability claims vague and speculative, niche market focus insufficient for material influence on industry or economy at national scale.

Occupational health professional appealed NIW denial under Dhanasar framework. AAO affirmed that while proposed endeavor had substantial merit, petitioner failed to establish its national importance. Consulting business lacked sufficiently specific prospective national impact and significant potential to employ U.S. workers or generate substantial economic effects. Appeal dismissed.

A computer information systems professional proposed modernization services to small and medium enterprises. The AAO held the endeavor lacks national importance under Dhanasar; services to direct clients alone do not establish broader field impact or global implications needed for national importance. Appeal dismissed.

A Ph.D. student in informatics sought NIW for EB-2 classification with advanced degree. The AAO dismissed appeal after finding the proposed AI research endeavor lacks national importance. Field importance and STEM or critical emerging technology status alone do not establish specific endeavor's national importance.

Computer scientist with Ph.D. in computer and information engineering seeks NIW for EB-2 to conduct machine learning and optimization research. AAO sustained appeal, finding all three Dhanasar prongs satisfied because SCOPS misconstrued proposed endeavor and undervalued contributions to critical STEM technology advancement.

HR specialist with advanced degree seeking NIW for startup providing tech-enabled HR services to small businesses. AAO dismissed appeal, finding endeavor has substantial merit but lacks demonstrated national importance; projections of indirect job creation insufficient without specifics on location or type.

Financial engineer with advanced degree seeking NIW to develop personalized retirement planning services and hire 49 employees. Claimed financial education is urgent national priority. AAO held working in important field insufficient; proposed endeavor lacks unique methodologies or national implications; impacts only clientele, not field broadly.

Business researcher proposed financial-marketing integration model for small business performance, then materially expanded endeavor during RFE response to include professorship, additional research areas, and advisory work. AAO dismissed appeal: petitioner substantially altered claims after SCOPS identified deficiency, making foundational endeavor undefined and preventing proper Dhanasar framework application.

A computer science researcher with a PhD seeks EB-2 with NIW based on AI and STEM education research. SCOPS found she qualified for underlying EB-2 but denied NIW. The AAO affirmed because her proposed endeavor lacked sufficient specificity and corroborating evidence to establish national importance under Dhanasar's first prong.