Published AAO appeal decisions

Graduate research assistant in cybersecurity sought EB-2 with NIW for autonomous vehicle security research. AAO found substantial merit but dismissed because petitioner failed to establish national importance of specific proposed endeavor or demonstrate being well-positioned to advance it under Dhanasar framework.

Supply chain consultant with advanced degree sought EB-2 classification and NIW. Petitioner claimed substantial merit and national importance of proposed supply chain consulting business. AAO agreed substantial merit established but found record did not demonstrate national importance; business impact limited to individual clients without broader economic or field-wide implications.

Aircraft maintenance technician sought EB-2 NIW classification. Petitioner claimed exceptional ability but lacked degree of expertise significantly above ordinary in the field. Proposed endeavor for aircraft repair facility and predictive maintenance technologies lacked evidence of national importance under Dhanasar framework; impact limited to local business.

Transportation inspector identified critical design flaw in helicopter system affecting 1000 worldwide units; seeks EB-2 NIW as technical consultant or instructor. AAO dismissed because petitioner failed to establish national importance by not clarifying proposed endeavor implementation, employment potential, or demonstrating how specific prospective work would have broader national implications.

Associate attorney holding advanced degree sought EB-2 NIW for continued practice in cross-border tax law and foreign investment facilitation. SCOPS granted advanced degree qualification but denied waiver. AAO affirmed: petitioner's field and experience are material to second prong but immaterial to first prong; specific endeavor lacks evidence of broader implications, job creation, or substantial economic effects constituting national importance. Appeal dismissed.

Entrepreneur with thirty-five years in mining sought EB-2 national interest waiver. The AAO dismissed, finding while substantial merit was established, the proposed mining services endeavor lacked national importance. Evidence showed intent to serve clients and expand geographically, but failed to demonstrate prospective impact sufficient to rise to national importance level.

Civil engineer seeking EB-2 with national interest waiver claims he will develop hydrologic and hydraulic models to forecast flooding impacts. AAO held he did not establish national importance of the specific proposed endeavor, as it showed no control over projects or implications beyond his employer; not well-positioned to advance it; appeal dismissed.

Transportation engineer with PhD in civil engineering claims national interest waiver for EB-2 advanced degree category. Proposed work involves predicting traffic accidents and implementing solutions. AAO found endeavor has substantial merit but lacks sufficient evidence of national importance and prospective impact; importance of the industry alone does not establish national importance of the specific endeavor.

AI algorithm developer sought EB-2 with national interest waiver for U.S. work. SCOPS found substantial merit and national importance but concluded insufficient evidence of qualification to advance endeavor and that waiver would benefit U.S. AAO remanded because petitioner's employment circumstances changed materially since filing; clarification needed on how endeavor will be pursued.

Industrial engineer with Ph.D. seeking EB-2 NIW for developing advanced three-dimensional AI chips. Qualified for underlying EB-2 but failed first Dhanasar prong: proposed endeavor lacks demonstrated substantial merit and national importance. AAO affirmed denial without reaching remaining prongs.

Graphic designer seeks NIW classification. Proposed multiple inconsistent endeavors including consulting, training, nonprofit work, and design roles. AAO found petitioner shifted plans and failed to provide consistent, coherent, specific description supported by independent evidence. Appeal dismissed.

Chemical engineering graduate student seeks NIW for research designing materials for PFAS water purification. AAO found first prong met but rejected second prong, concluding citations and publications alone insufficient to show field influence and well-positioning.

An internal medicine resident with advanced degree sought EB-2 NIW for interventional cardiology research. The AAO found the proposed research had substantial merit and national importance under the first Dhanasar prong. However, the second prong failed because letters of support lacked specific examples of how the petitioner's work affected clinical practice or demonstrated sufficient success warranting waiver of labor certification.

Commercial bank manager with 30 years experience sought EB-2 NIW classification under Dhanasar framework. AAO affirmed that proposed endeavor, though substantially meritorious, lacked national importance. Evidence showed company sales projections and job creation at 16 employees but failed to demonstrate substantial positive economic effects at national level required by Dhanasar.

Advanced degree professional in aviation safety sought NIW for endeavor providing safety training and consultancy to airlines. AAO found no demonstrated national importance: articles on aviation safety importance insufficient; petitioner failed to show specific endeavor methods would have national implications or create substantial U.S. economic impact. Appeal dismissed.

Management analyst with advanced degree sought EB-2 national interest waiver for endeavor improving financial services in underserved areas. AAO found substantial merit but insufficient national importance; impact was not shown to extend broadly to industry level, so dismissed the appeal.

An attorney proposed work as a professional mediator through her own company. The AAO dismissed the appeal, holding the applicant failed the first prong because individual mediation services lacked national importance; she provided no expert evidence showing field-wide impact or connection to national initiatives.

A public health specialist seeking EB-2 national interest waiver proposed tuberculosis control research and care optimization in California. The AAO dismissed the appeal, finding the petitioner established substantial merit but failed to demonstrate national importance because proposed work involves localized patient care without broader field-wide implications.

A mechanical engineer with Ph.D. equivalent seeks EB-2 national interest waiver for research improving fault diagnosis and predictive maintenance in heavy machinery. The AAO dismissed because the petitioner demonstrated substantial merit but failed to establish national importance, submitting only general background articles without sufficient evidence of prospective national-level impact.

Entrepreneur in teambuilding and business development sought EB-2 NIW to establish consulting firm. AAO found endeavor had substantial merit but lacked national importance. Petitioner failed to demonstrate prospective impact extending beyond individual consulting services to show substantial economic effects or broader field implications.

Mining engineer sought EB-2 with national interest waiver to improve domestic mining of critical minerals through block-cave mining expertise. AAO dismissed, finding the proposed endeavor lacked national importance because evidence only demonstrated importance of the critical minerals field itself and benefits to individual companies, not broader implications for the mining industry.

An electrical engineer with an advanced degree sought NIW for employment-based second preference. The AAO dismissed the appeal, holding that her proposed research in GaN-based power electronics for EV charging lacked the requisite national importance under Dhanasar; benefits to specific employers and vague assertions of potential impact were insufficient.

Biomechanical engineer and researcher claiming NIW for EB-2 with proposed endeavor in cell therapy and biomaterials. Substantial merit found but national importance not established; prospective impact not attributed to petitioner or shown to have prospective economic effect. Appeal dismissed.

Petitioner with advanced degree sought EB-2 NIW classification for homecare business. The petitioner demonstrated substantial merit but failed to establish national importance under Dhanasar. The AAO found the business lacked evidence of substantial positive economic effects or broader field impact beyond limited client and employee benefits, declining to analyze the remaining NIW prongs.

An entomology professor with a Ph.D. in medical entomology seeks an EB-2 national interest waiver for research on German cockroach insecticide resistance. AAO held the proposed endeavor lacks the specific detail, novelty, and documented potential for broad impact required to establish national importance under Dhanasar's first prong.