Published AAO appeal decisions

Civil engineer and entrepreneur sought NIW for EB-2 advanced degree to operate a real estate technology startup focused on affordable housing. AAO found endeavor lacked national importance because record did not sufficiently demonstrate prospective impact at national or industry level, and petitioner was not well-positioned to advance it.

A biomedical engineering graduate research assistant sought NIW EB-2 classification for livestock safety research. The AAO found the proposed endeavor had substantial merit and national importance but dismissed the appeal because the petitioner failed to demonstrate he was well positioned to advance the endeavor, lacking a demonstrated record of research success.

An aircraft maintenance technician sought NIW for EB-2. The AAO found the proposed endeavor met the first Dhanasar prong on national importance but dismissed for failing the second prong. The petitioner lacked documented evidence of company existence, adequate funding, and a credible team to advance the proposed business.

Software developer and entrepreneur sought EB-2 with national interest waiver to establish software automation services firm in Florida. AAO dismissed the appeal, finding the proposed business lacked national importance because petitioner provided only unsupported assertions and business projections without demonstrating broader industry impact or substantial economic effects beyond serving individual clients.

Computer scientist with master's degree seeking EB-2 national interest waiver for research on optimization algorithms in machine learning. AAO dismissed, finding proposed endeavor lacked national importance; evidence showed importance of field, not specific petitioner's work beyond employer.

A data scientist with a doctorate in computer science sought an EB-2 NIW by proposing AI-driven drug discovery research. The AAO reversed SCOPS' denial, finding the proposed endeavor clearly described with substantial merit and national importance, and remanded for reconsideration of whether the balance favors waiver.

Engineer self-petitioned for EB-2 national interest waiver to develop machine-learning forecasting models for renewable energy. AAO found proposed endeavor has national importance but petitioner not well positioned to advance it. Matter remanded for reconsideration after petitioner provides additional evidence of demonstrated success in similar work.

Cryptography researcher pursuing PhD seeks EB-2 advanced degree and NIW for research developing secure communication and privacy tools. AAO found proposed endeavor has substantial merit and national importance. However, petitioner lacks documented postdoctoral position or specific employment commitment, failing to establish he is well-positioned to advance the work.

Computer science Ph.D. candidate proposed research in AI-enhanced network performance. AAO found proposed endeavor has substantial merit and national importance but rejected petition because petitioner lacks sufficient record of research success or progress to be well positioned to advance the work.

A psychology professor with Ph.D. sought EB-2 national interest waiver for research on data science and ecological threats. AAO found proposed research has substantial merit and national importance but determined petitioner lacks evidence of being well-positioned to advance endeavor; appeal dismissed.

A Ph.D. student in petroleum engineering sought NIW claiming research in energy storage advances national interest. AAO found the endeavor has substantial merit and national importance but rejected the petition because the applicant failed to show sufficient progress, citation record, or field interest to demonstrate being well-positioned to advance the proposed research.

An optical physicist with a master's degree sought NIW for research in optical sciences. The AAO found the research has substantial merit and national importance but dismissed the appeal because the petitioner failed to demonstrate being well-positioned to advance the proposed endeavor.

Brazilian-trained attorney sought NIW for family law mediation practice in Delaware. Qualified for underlying EB-2 advanced degree classification. AAO affirmed dismissal because petitioner failed to show proposed endeavor has national importance, lacking evidence of broader impact beyond local services or how foreign law expertise benefits U.S. practice.

A rigging artist and entrepreneur in entertainment sought EB-2 classification with a national interest waiver. The AAO affirmed dismissal because his proposed endeavor lacks national importance despite working in an important field, and he failed to demonstrate he is well positioned to advance it through education, planning, or demonstrated progress.

A mechanical engineering researcher with an advanced degree sought EB-2 national interest waiver. AAO dismissed the appeal, finding she was not well-positioned to advance her proposed sustainable energy research endeavor, and declining to reach the first and third prongs.

Chemical engineer with Ph.D. seeks NIW for renewable synthetic fuels research under Dhanasar framework. First prong met: proposed endeavor has substantial merit and national importance. Second prong failed: education alone insufficient; citations lack comparative metrics; no demonstrated record of research success at level required.

Human resources specialist seeks EB-2 NIW claiming innovative HR methodologies would benefit U.S. business landscape and job creation. AAO affirmed denial because while endeavor has substantial merit, petitioner failed to demonstrate national importance through specific prospective impact or connection to broader national implications.

A researcher in wireless charging technology for smartphones sought EB-2 NIW classification. The AAO dismissed the appeal, finding the petitioner established substantial merit and was well-positioned to advance the endeavor, but failed to demonstrate national importance. Letters lacked corroboration and specific evidence of broader impact on industry, economy, or national security.

Educator proposing nationwide framework for teacher quality and early childhood education, seeking EB-2 NIW. AAO held petitioner failed Dhanasar prong two: insufficient evidence of being well positioned to advance endeavor given limited experience and lack of stakeholder support from relevant officials.

Quantitative researcher with doctorate in statistics seeks NIW for EB-2 classification to develop statistical methodologies for big data research. AAO dismissed appeal, finding proposed endeavor lacks national importance; work restricted by employer covenants and lacks dissemination beyond employer and clients.

A designer and entrepreneur seeks EB-2 national interest waiver for AI-powered user experience and smart footwear technology. The AAO dismissed because although the endeavor has substantial merit in technology and business, the petitioner failed to establish its national importance, presenting vague claims across multiple industries without sufficient focused prospective impact.

Graduate student researcher in artificial intelligence claimed exceptional ability and national interest waiver. Service center denied without analyzing national importance or waiver discretion. AAO remanded for complete Dhanasar analysis, finding service center misidentified the proposed endeavor and failed to assess specificity and prospective impact.

Clinical laboratory scientist proposes AI forecasting models to address blood-bank shortages. AAO held endeavor has national importance but petitioner not well positioned to advance it: lacks demonstrated AI capabilities, formal machine learning education, and progress evidence despite prior statistics coursework and media attention.

Business management consultant with advanced degree seeks NIW. Petitioner claimed proposed management consulting services support federal priorities and address industry shortage. AAO held proposed endeavor lacks sufficient evidence of national importance, broader field implications, or substantial economic effects required under Dhanasar first prong.

Senior scientist in translational medicine with advanced degree sought EB-2 with national interest waiver for research on novel therapies and diagnostics. AAO reversed denial on first prong but dismissed appeal because petitioner failed to establish being well-positioned to advance the endeavor.