Published AAO appeal decisions

Ph.D. student in molecular biology proposes cancer research on environmental, molecular, and genetic disease mechanisms. AAO found proposed endeavor has substantial merit and national importance but dismissed appeal because petitioner insufficient evidence of prior success or progress to show capacity to advance the proposed research.

A civil engineer sought NIW for advanced-degree EB-2, proposing a scaffolding and shoring equipment business in Florida. The AAO dismissed the appeal, agreeing the endeavor had substantial merit but finding insufficient evidence that the specific endeavor would have national importance beyond local impact or economic significance.

Advanced degree professional in health policy sought national interest waiver for mental health initiative emphasizing health-in-all-policies approach. AAO affirmed denial, finding record lacked evidence of how the specific proposed endeavor would advance the field with national or global implications.

A lawyer and entrepreneur sought EB-2 national interest waiver to operate a legal and financial services firm. The AAO found the proposed endeavor lacked national importance despite claims of job creation and serving national clientele. The decision focused on the specific business impact rather than industry importance, dismissing the appeal.

Mechanical engineer petitioner seeks NIW for self-sponsored work on driving automation technologies. Claimed substantial merit and national importance of proposed endeavor. AAO affirmed denial, finding work lacked demonstrated national importance beyond employer and failed first prong.

Formulation scientist with Ph.D. seeks NIW for drug delivery systems research. AAO found substantial merit and national importance of proposed research endeavor but concluded petitioner failed to demonstrate independence from employer, failing second prong.

A global operations and maintenance manager sought a national interest waiver under EB-2 for an advanced degree to implement lifecycle facility management systems for energy sectors. The AAO dismissed the appeal, finding her proposed endeavor lacked demonstrated national importance despite work in a prioritized industry.

Machine learning engineer with PhD in electrical and computer engineering seeks NIW for EB-2 employment-based classification. Proposed research in safe and fair AI algorithms for autonomous and recommendation systems. AAO found research had national importance but petitioner lacked demonstrated position, track record, and plan to advance the specific endeavor; appeal dismissed.

A digital product technical consultant with an advanced degree proposed developing an interoperable health data platform for chronic disease management. The AAO dismissed the appeal, finding her endeavor has substantial merit but lacks national importance; recommendation letters and projections lack sufficient documentary evidence of broader impact beyond her employer and clients.

An optical imaging engineer self-petitioned for EB-2 NIW. The AAO affirmed that while the endeavor had substantial merit and national importance, the petitioner failed to establish he was well-positioned to advance it due to insufficient evidence of future plans, funding, or investor interest.

A psychologist sought an EB-2 national interest waiver for work involving mental health and diversity initiatives. The AAO dismissed because although the endeavor had substantial merit in health and education, it lacked demonstrated national importance; mere alignment with government initiatives and potential local benefit do not establish national impact.

Optical science engineer with Ph.D. in applied physics sought EB-2 with national interest waiver for research on quantum materials and superconductors. AAO found research meets first prong but dismissed appeal because petitioner failed to establish being well-positioned to advance the endeavor as required by second prong.

Advanced degree professional sought EB-2 national interest waiver. Petitioner reargued facts and legal claims already considered on appeal and two prior motions without citing new precedent or showing incorrect application of law. Motion to reconsider dismissed; underlying petition remains denied.

Information security specialist with master's degree sought NIW for cybersecurity consulting startup. Appeal dismissed because petitioner failed to establish national importance of proposed endeavor beyond personal employment and failed to demonstrate being well positioned to advance it.

A business executive in educational technology sought NIW classification. The AAO dismissed, finding the proposed endeavor lacks national importance under Dhanasar despite substantial merit. The unreliable business plan failed to demonstrate broader implications, significant employment potential, or positive economic effects required.

A chief executive with advanced electrical engineering degree sought EB-2 national interest waiver to start an energy efficiency consulting business. The AAO rejected the petition, finding the proposed endeavor lacked national importance. Working in renewable energy alone does not establish national importance; the specific business must show broader prospective economic impact beyond serving individual clients.

A construction project manager with an engineering master's degree sought an EB-2 classification with a national interest waiver, proposing to lead infrastructure projects using sustainable and resilient methods. The AAO dismissed the appeal because the specific endeavor was not shown to have national importance, and it reserved the remaining prongs.

Business analyst and trade consultant seeks EB-2 classification with national interest waiver for data analytics platform targeting maritime security and trade transparency. AAO affirmed that proposed endeavor lacks national importance and petitioner is not well positioned to advance it; insufficient evidence of economic or security impact.

A machine learning scientist with a U.S. PhD in computational biosciences sought EB-2 NIW classification for developing bioinformatics algorithms and predictive models for disease detection and precision medicine. The AAO affirmed denial, finding the endeavor had substantial merit but lacked national importance and the petitioner was not well positioned to advance it without demonstrating broader impact or employer approval for external research dissemination.

A research and development engineer in textile materials science sought a national interest waiver for work on durable protective textiles. The AAO agreed the endeavor has merit and national importance but dismissed the appeal because education, publications, citations and letters did not show he was well positioned to advance it; the balancing prong was reserved.

An entrepreneur in civil engineering with a Brazilian engineering degree sought EB-2 classification with a national interest waiver for a construction management company focusing on infrastructure modernization and sustainability. The AAO dismissed because the petitioner did not demonstrate that her specific endeavor would have substantial national importance beyond general industry benefits.

Event planner sought EB-2 with national interest waiver for a consultancy firm in event planning and training. The AAO dismissed the appeal, finding the petitioner failed to establish national importance; the business impact was limited to the company and its clients with no demonstrated industry-wide influence or substantial economic effect.

An entrepreneur in STEM education proposed to establish a coding academy for underrepresented groups. The AAO found the endeavor has substantial merit but lacks national importance as a specific undertaking, and dismissed the appeal without addressing remaining Dhanasar prongs.

Entrepreneur seeks national interest waiver for EB-2 classification but lacks required advanced degree or proven exceptional ability. AAO held she failed to establish advanced degree eligibility and that her proposed endeavor lacks national importance; serves underserved clients but lacks broader field impact, accomplishments, or demonstrated track record.

A senior research scientist with a PhD sought national interest waiver for EB-2 classification in artificial intelligence and privacy technology. The AAO dismissed the appeal, finding the proposed research lacked demonstrated national importance under Dhanasar's first prong despite the field's merit and importance.