Published AAO appeal decisions

Software and game developer seeking NIW and EB-2 as individual of exceptional ability. Petitioner claimed four exceptional ability criteria but AAO found only two met by director; on appeal petitioner could not establish three required criteria. Appeal dismissed on underlying EB-2 ineligibility without reaching NIW Dhanasar analysis.

An information technology professional consultant sought national interest waiver for EB-2 as individual of exceptional ability. AAO dismissed, finding petitioner failed to establish underlying EB-2 qualification and that proposed IT consulting endeavor lacks national importance beyond his own client base.

Quality assurance engineer claims EB-1A extraordinary ability through judging, critical role, and high salary criteria. AAO held mentoring does not meet judging requirement; petitioner cannot satisfy three-criterion threshold and lacks sustained national or international acclaim required.

Information technology professional sought national interest waiver to start consulting company in Florida. AAO held proposed endeavor has substantial merit but lacks national importance; projected revenue and job creation do not demonstrate substantial positive economic effects or broader field impact at national level.

Post-doctoral researcher in human-robot interaction sought national interest waiver for EB-2 classification. AAO found research had substantial merit and national importance but dismissed appeal on second prong, determining petitioner not well-positioned to advance the endeavor; citation history and Ph.D. insufficient without demonstrated government funding or primary grant leadership.

An IT project manager and entrepreneur sought EB-2 NIW for developing a parking finder mobile application to reduce traffic congestion. The AAO dismissed the appeal, finding the business plan did not demonstrate the endeavor would employ significant U.S. workers or produce substantial economic effects beyond servicing its own clients.

An artificial intelligence researcher with master's and Ph.D. degrees sought EB-2 NIW classification to advance machine learning algorithms for power system security. The AAO found all three Dhanasar prongs met: national importance of the endeavor, applicant's positioning, and net benefit to the United States. Appeal sustained.

IT service business owner from Brazil seeks EB-2 NIW. Claimed advanced degree status and entrepreneur importance in IT sector establish national importance and capacity to advance venture. AAO dismissed on first two prongs: proposed endeavor lacks prospective impact at national level; petitioner lacks sufficient customer interest or demonstrated progress establishing U.S. operations.

An information security analyst sought EB-2 with NIW based on advanced degree status and proposed endeavor. The AAO dismissed because the petitioner failed to establish eligibility for the underlying EB-2 classification; foreign credential evaluation lacked probative value and did not demonstrate equivalency to U.S. bachelor's degree, so NIW analysis was not reached.

Computer systems networking entrepreneur sought EB-2 with NIW for IT consulting startup. AAO held he failed first Dhanasar prong: proposed endeavor, though in prioritized STEM field, lacked national importance because it would benefit direct clients and trainees only, not broader field implications.

Information security analyst seeking EB-2 NIW. Claimed expertise and cybersecurity work have national importance aligned with government initiatives. AAO held proposed endeavor lacks national importance; expertise and aspiration do not establish industry-wide or national implications beyond his own career and clients.

Information specialist claims EB-2 exceptional ability and national interest waiver for DevOps and database management work. AAO held petitioner failed to establish national importance of proposed endeavor; lacks sufficient evidence connecting work to prospective U.S. economic benefits or job creation.

Computer systems analyst sought EB-2 exceptional ability classification and NIW. AAO affirmed director's finding that petitioner met only one of six criteria required. Appeal dismissed because petitioner failed to establish exceptional ability threshold, making NIW analysis unnecessary.

A cybersecurity consultant sought EB-2 exceptional ability classification with a national interest waiver. The AAO agreed with the Director that, despite satisfying initial criteria, certifications and professional membership did not show expertise significantly above the norm. Because the underlying classification failed, the Dhanasar waiver analysis was not reached.

Systems analyst from Brazil claimed national interest waiver for EB-2 IT solutions business. AAO held he did not establish advanced degree equivalency or five years progressive experience in specialty, thus failing underlying EB-2 requirement; NIW analysis not reached.

Information technology and telecommunications entrepreneur self-petitioner seeking national interest waiver under EB-2. The AAO dismissed, finding the petitioner met underlying EB-2 requirements but failed to demonstrate national importance; proposed cloud and 5G infrastructure services were not differentiated from existing providers.

Electronic and civil engineer sought EB-2 with national interest waiver for IT consulting services. AAO dismissed appeal because proposed endeavor lacked national importance; general claims about industry growth insufficient without showing specific prospective impact.

A computer and information systems manager sought NIW for EB-2 classification. The AAO agreed he failed to establish that his specific proposed endeavor has national importance, despite working in an important IT field. The AAO also found he did not qualify as an advanced degree professional. Appeal dismissed.

IT consultant proposed establishing consulting business offering optimization and digital transformation solutions. AAO dismissed appeal, finding substantial merit but no national importance because services would not extend beyond clients to impact the IT field at national level.

An IT entrepreneur sought EB-2 with NIW to direct digital transformation services as CEO. AAO found he qualifies as advanced degree professional. However, his endeavor has substantial merit but not national importance; STEM employment alone does not satisfy Dhanasar; unsubstantiated job creation claims lack credibility.

IT specialist in storage administration and systems management sought NIW as EB-2 advanced degree professional. AAO affirmed denial, finding the specific proposed endeavor lacked national importance. Broad industry importance and worker shortage do not establish national importance of individual's specific work.

An IT manager and engineer sought EB-2 national interest waiver. The AAO agreed the petitioner held an advanced degree but found his proposed endeavor of providing IT services in Florida lacked national importance; it was regional, specific, and without broader implications.

IT project manager sought NIW as individual of exceptional ability. AAO dismissed appeal because petitioner met only two of six exceptional ability criteria (academic records and work experience); withdrawal of third criterion (professional membership) left petitioner below minimum threshold, and underlying eligibility failure precluded NIW analysis.

A cybersecurity and automation manager with 22 years of experience and an advanced degree sought EB-2 NIW. The AAO dismissed the appeal because although the proposed endeavor had substantial merit and national importance, the petitioner failed to demonstrate he was well-positioned to advance it beyond normal professional expectations.

Information systems consultant self-petitioner claiming national interest waiver for EB-2. The AAO affirmed denial, finding the petitioner failed to establish the underlying EB-2 advanced degree requirement and, on the NIW analysis, the proposed consulting work lacked sufficient specificity and demonstrated national importance.