Published AAO appeal decisions

Entrepreneur in computer-aided design seeks NIW for EB-2 exceptional ability classification. AAO dismissed appeal; petitioner abandoned EB-2 eligibility by failing to contest final merits determination on appeal, making NIW analysis unnecessary and dispositive of case.

A systems engineer self-petitioner seeking EB-2 classification with national interest waiver. The AAO dismissed, finding although the endeavor had substantial merit and the petitioner qualified as an advanced degree professional, it lacked national importance because the work would not impact the field broadly or generate measurable economic benefits beyond his employer.

Information technology consultant proposing software development and tracking technology consulting company, seeking EB-2 with national interest waiver. Claimed endeavor has national importance given IT industry criticality and software engineer shortage. AAO found no sufficient evidence demonstrating proposed endeavor would substantially impact national shortages or offer broader field implications.

A computer scientist in AI/ML sought EB-1A extraordinary ability classification. The petitioner met three initial evidentiary criteria (judging, scholarly articles, leading role) but failed the final merits determination. The record did not demonstrate sustained national or international acclaim or placement at the very top of the field.

Technology professional with advanced degree seeks NIW. AAO reversed director's favorable second-prong finding and affirmed denial: applicant failed to provide sufficient detail on specific proposed endeavor; letters referenced past experience but not concrete U.S. business plans required for Dhanasar analysis.

Software and web developer with Brazilian bachelor's degree sought EB-2 advanced degree, exceptional ability, and NIW for malware detection AI platform. AAO affirmed denial: insufficient post-baccalaureate experience and unmet exceptional ability criteria; NIW not reached.

A systems engineer proposed developing novel technological platforms for virtual mental health services, claiming alignment with national public health objectives. The AAO dismissed the appeal, finding insufficient evidence that the specific endeavor differs from existing solutions, lacks expert corroboration of national government interest, and lacks detailed prospective impact documentation.

Computer engineer and IT consultant with foreign bachelor's degree sought EB-2 NIW for cybersecurity and digital banking work. The AAO found substantial merit but dismissed because she relied on industry importance rather than her specific endeavor's prospective impact; consulting services to direct clients lack broader national or field-wide implications.

A computer systems engineer sought EB-2 NIW to provide IT consulting services. The AAO withdrew the advanced degree professional determination due to insufficient employment documentation, then dismissed on finding she was not well positioned to advance her endeavor. Evidence lacked demonstrated customer interest and did not adequately connect certifications to her ability to advance the proposed work.

CEO in artificial intelligence and telecommunications seeks extraordinary ability classification. Petitioner claimed three criteria; AAO found two additional criteria met beyond Director's initial finding. Remanded for final merits determination on sustained national or international acclaim.

Cybersecurity engineer sought NIW as EB-2 advanced degree professional. AAO found proposed consultancy has substantial merit but lacks national importance because record fails to show specific endeavor's prospective impact of national scope or scale.

Information security consultant self-petitioner claimed national interest waiver for self-employment consulting. AAO held proposed endeavor lacks national importance under Dhanasar: general cybersecurity importance insufficient; projected seven jobs inadequate; no evidence of broader field impact beyond individual clients.

Computer user support specialist seeking national interest waiver for EB-2 classification. Petitioner claimed national importance based on STEM field priority and IT labor shortage. AAO dismissed because generalized information about IT field does not establish national importance of specific endeavor to advance IT career.

Computer scientist in medical imaging and computer vision claimed extraordinary ability through publications and citations. AAO upheld meeting two criteria (judging, scholarly articles) but rejected major contributions criterion due to insufficient evidence of field impact. Final merits: accomplished but not at top of field.

A scientist claiming six criteria satisfied only two of the required three initial evidentiary thresholds. The AAO affirmed dismissal without reaching final merits, finding insufficient evidence that the petitioner commanded sustained national or international acclaim or ranked among the field's small top percentage.

A cybersecurity director and entrepreneur sought EB-2 with national interest waiver for IT business development. The AAO dismissed the appeal, finding the proposed endeavor lacks national importance because it would not impact the field broadly or provide substantial economic benefits beyond the petitioner's specific customers and employers.

Computer systems engineer with advanced degree sought NIW. AAO adopted Director's finding that substantial merit shown but national importance not established. Petitioner's appeal reiterated prior arguments without identifying legal or factual error; no individualized reconsideration of evidence required.

Software developer and technology trainer with master's degree sought EB-2 NIW for improving STEM access among Hispanic population. AAO dismissed appeal, finding substantial merit but lack of national importance; general reports on equity in STEM insufficient without specific evidence of endeavor's prospective impact.

Cyber-physical systems consultant seeks EB-2 national interest waiver for neuroscience research collaboration applying information technology to monitor consciousness restoration. AAO held petitioner failed second prong; lacked evidence of significant role in funded research, primary grant contacts, or demonstrated record of success advancing proposed medical device endeavor.

Industrial engineer seeking NIW for SAP consulting business in Georgia. Submitted evidence regarding IT industry and ERP importance, but failed to demonstrate that the specific proposed endeavor would have nationally important impact beyond general field relevance.

An IT consultant proposed establishing a consulting business and sought NIW for EB-2 as advanced degree holder. AAO dismissed appeal, finding the proposed venture had substantial merit but lacked national importance because it would not affect the broader IT field.

An artificial intelligence researcher with a master's degree seeks NIW for research on machine learning techniques for privacy and autonomous model updating. Claimed all three Dhanasar prongs. AAO sustained appeal, finding the proposed research has substantial merit and national importance, petitioner is well-positioned through publications and patents, and waiving job offer would benefit U.S. technological advancement.

Software developer with biology and neuroscience education sought EB-2 NIW to develop an application for human-computer symbiosis. The AAO found substantial merit but dismissed because the petitioner focused on personal credentials rather than the endeavor's specific prospective impact; software application's broader field implications remained unestablished.

A network security consultant proposed establishing a consulting firm and sought EB-2 and NIW. The AAO dismissed the appeal, finding the proposed endeavor had substantial merit but lacked national importance; industry relevance alone insufficient under Dhanasar.

Self-petitioner IT consultant with advanced degree sought EB-2 NIW. Claimed 24 years experience and endeavor generating eight jobs with national importance. AAO affirmed Director's denial; specific endeavor lacks national importance despite IT industry significance; claimed job creation and past experience insufficient for national importance determination.