Published AAO appeal decisions

Cybersecurity specialist and educator sought NIW without submitting detailed business plan. Proposed applying cybersecurity expertise across eight NIST domains. AAO dismissed because petitioner did not establish national importance of specific endeavor; submitted only general support letters and relied on cybersecurity field importance, not demonstrating how proposed work would have broader impact.

AI and mobile app developer from Russia sought EB-1A extraordinary ability classification. AAO affirmed denial because petitioner met only one of ten evidentiary criteria. Awards, membership, publications, judging, contributions, and salary evidence did not meet extraordinary ability standards.

Information technology specialist and entrepreneur sought EB-2 NIW to operate her own company. AAO held specific proposed endeavor lacked national importance under Dhanasar despite STEM field and claimed critical infrastructure alignment; revenue and employment projections insufficient.

Information technology consultant seeks EB-2 NIW. Claimed proposed endeavor has national importance through job creation and industry growth. AAO found endeavor lacks national or global implications and fails to show broader field impact, rejecting the national importance prong; appeal dismissed.

IT entrepreneur sought national interest waiver for EB-2 petition. Director found substantial merit and good positioning; AAO affirmed denial because the proposed business endeavor lacked national importance, affecting only four small clients without broader industry or economic impact.

Computer systems consulting entrepreneur sought national interest waiver for EB-2 petition. AAO affirmed denial because proposed endeavor lacked national importance despite substantial merit, affecting only niche target market without broader industry or economic impact.

Software developer-entrepreneur sought EB-2 with national interest waiver. AAO affirmed denial, finding endeavor had substantial merit but lacked national importance. Industry importance alone insufficient; petitioner failed to show specific impact beyond own business and clients.

Software developer self-petitioner sought NIW for startup company. AAO found proposed endeavor lacked specific national importance beyond job creation statistics and company impact was not demonstrated. Petitioner's technical expertise insufficient to show capability running business venture without entrepreneurial track record.

Information technology business owner seeks EB-2 NIW. Established EB-2 eligibility but claimed endeavor would create jobs and drive innovation. AAO found no evidence that proposed business products or services provide field innovations or benefits beyond the business itself, failing national importance; appeal dismissed.

IT entrepreneur proposed managed IT services and cybersecurity implementation company for small and medium enterprises. AAO dismissed because petitioner established only that IT industry is important, not that the specific company endeavor has national or global implications or substantial economic effects.

An information technology entrepreneur with an advanced degree seeks a national interest waiver to establish an IT business. The AAO dismissed the appeal because the petitioner failed to establish exceptional ability under EB-2 and did not meet the first Dhanasar prong, as the proposed endeavor lacks demonstrated national importance.

Systems engineer seeking NIW for EB-2 claimed his work in IT sustainability has national importance. AAO held the proposed endeavor lacks sufficient prospective impact on the economy and does not demonstrate national importance, despite articles about the industry's relevance.

Computer science research assistant sought EB-2 classification with national interest waiver. Director denied petition; petitioner appealed. AAO dismissed, holding proposed endeavor lacked national importance; record contained no specific projects, insufficient job creation documentation, and absent analysis of prospective positive economic impacts required for national importance finding.

Senior hardware engineer seeking NIW for EB-2 classification. Proposed research in integrated circuit design. AAO affirmed denial because petitioner failed to establish national importance of proposed endeavor, showing only past research accomplishments without demonstrating broader prospective impact required by Dhanasar first prong.

Software developer sought NIW for sustainable software development services to small businesses. Petitioner claimed national importance through multiple documentary pieces and field benefits. AAO dismissed, finding proposed endeavor lacks national importance; submitted materials describe industry importance, not specific endeavor impact.

IT manager sought EB-2 national interest waiver for IT consulting firm startup. Claimed business plan showed growth and national security relevance. AAO dismissed because proposed endeavor lacked demonstrated national importance beyond serving specific clients.

IT analyst and entrepreneur sought EB-2 national interest waiver to develop an IT venture. AAO affirmed denial because petitioner failed to demonstrate she was well positioned to advance her proposed endeavor, lacking sufficient educational credentials, customer or investor interest, and early operational progress despite meeting the substantial merit prong.

A computer software engineer sought NIW classification for EB-2. The AAO dismissed the appeal, holding that the proposed endeavor of working as a backend or full stack developer at an unspecified company lacked the national importance required by Dhanasar, as it failed to demonstrate specific national or global implications within the field or substantial positive economic effects.

Computer systems engineer self-petitioner proposed IT consulting and professional training services. AAO dismissed: proposed endeavor lacks national importance under Dhanasar; industry-wide cybersecurity importance does not establish national importance of petitioner's specific consulting services.

Associate professor in computer science seeks EB-1A extraordinary ability classification. AAO affirmed denial, finding petitioner satisfied only two of ten evidentiary criteria and lacked sustained national or international acclaim required for classification as one of small percentage at top of field.

A software engineer sought a national interest waiver to establish a privacy consulting business focused on distributed systems and regulatory compliance. The AAO dismissed the appeal, finding substantial merit but rejecting national importance because the evidence showed only localized business activity without broader field impact or significant employment potential.

An advanced computing researcher claiming extraordinary ability met two criteria (judging, scholarly articles) but failed the original contributions criterion. The AAO found publication in high-impact journals and citation counts alone do not establish major significance without showing comparative ranking to baseline or evidence of major influence in the field. Overall acclaim lacking.

IT project manager and entrepreneur seeks NIW for consulting and training business in Florida. Petitioner claimed national importance through STEM workforce development alignment and employment creation. AAO dismissed, finding endeavor lacks demonstrated impact beyond individual clients in large competitive industry.

Cloud infrastructure engineer sought EB-2 with national interest waiver. AAO dismissed appeal, finding the proposed endeavor lacks national importance. The work would only benefit a specific employer and would not impact the field broadly, failing the first Dhanasar prong.

A telecommunications specialist sought EB-2 NIW classification. While his field is nationally important, the decision found his specific proposed endeavor in rural broadband consultation lacked sufficient national importance. Evidence showed industry importance but not his distinct contribution or connection to state projects.