Published AAO appeal decisions

Computer systems manager with 10+ years experience and bachelor's in computer science sought NIW for EB-2. Proposed to start business creating 84 jobs with five-year revenue projections. AAO dismissed because business plan lacked evidence that national importance threshold was met; job creation and wages alone do not establish prospective impact on IT industry.

Chief technology officer with advanced degree sought national interest waiver for EB-2 classification. AAO dismissed appeal because petitioner failed to establish national importance of specific proposed endeavor; submitted evidence of IT industry importance and general CTO role significance without demonstrating broader field implications.

An IT entrepreneur seeking EB-2 with NIW. AAO dismissed the appeal, holding the proposed endeavor lacked national importance under Dhanasar's first prong because the petitioner failed to establish how specific services would resolve IT worker shortages or create impacts rising to national importance, relying improperly on industry importance rather than endeavor specifics.

A computer network manager proposed advancing his career and disseminating knowledge to field professionals, claiming STEM field status and regional-national impact. The AAO held his endeavor lacks national importance because benefits are limited to employer and clients without probative evidence of broader field impact or job creation details.

An IT project manager sought NIW EB-2 classification proposing entrepreneurial endeavors and project management services. The AAO found the field important but the specific endeavor lacks national importance; petitioner failed to corroborate growth projections or establish impact beyond clients or employer.

A system engineer self-petitioning for NIW sought waiver of job offer for EB-2 classification. She proposed owning and operating a technology education company. AAO dismissed the appeal, finding her proposed endeavor lacked demonstrated national importance because the business plan contained only vague assertions without evidence of prospective impact beyond prospective students, significant employment potential, or substantial economic effects.

Information security specialist sought NIW under EB-2. AAO found his proposed work in IT consulting and cybersecurity has substantial merit but lacks national importance because no documentary evidence shows broader field impact beyond employer benefit. Appeal dismissed.

Network communications professional claimed eight criteria for extraordinary ability. Director found two criteria met. Petitioner on appeal reasserted three additional criteria on appeal but failed to overcome deficiencies in evidence or explain how Director erred. AAO held petitioner did not meet the extra criteria and lacked sustained acclaim for top-of-field status.

A computer systems engineer and entrepreneur seeks NIW for EB-2 classification for IT consulting to small businesses. The AAO affirmed the director's finding that the proposed endeavor lacks national importance, as job creation and tax revenue benefits alone do not meet Dhanasar's requirement for prospective impact at the national level.

A cybersecurity professional sought EB-2 advanced degree classification with NIW for operating his own CISO consulting business. The AAO found the endeavor had substantial merit but lacked national importance, as it would benefit only specific clients without broader economic or industry impact.

Computer systems manager with advanced degree seeking EB-2 national interest waiver to establish IT consulting company. AAO dismissed appeal, finding substantial merit established but national importance not demonstrated; company activities would benefit only its clients without broader implications for IT industry or significant employment impact.

An assistant professor of computer science sought EB-1A classification. The AAO found he met only the scholarly articles criterion, not the required three criteria, and lacked sustained national or international acclaim demonstrating extraordinary ability at the top of his field, dismissing the appeal.

Machine learning researcher with Ph.D. seeking NIW for EB-2 classification. Proposed algorithms and system optimization research. AAO held first prong met but petitioner failed second prong; education alone insufficient; lacked evidence of significant grant leadership, documented field impact, or sustained industry interest.

A software developer sought NIW for EB-2 classification. The AAO affirmed dismissal because the specific endeavor lacked national importance; merely working in STEM or on critical emerging technologies without demonstrating broader field impact or substantial economic effects does not suffice.

IT project manager with master's degree in information technology seeks NIW for EB-2 classification to manage IT projects and train workers. AAO dismissed appeal, finding endeavor substantial merit but lacking national importance; project management work does not demonstrate broader impact on IT field or substantial positive economic effects.

A computer scientist and instructor sought EB-2 NIW classification. The AAO affirmed the Director's finding that the petitioner qualified as advanced degree professional but failed the first Dhanasar prong because she did not present a specific proposed endeavor and her teaching activities lacked broader field impact.

A robotics engineer proposed establishing a U.S.-based company providing remote-control services and consulting. The AAO dismissed the appeal because the petitioner failed to establish that the proposed endeavor has national importance; generic field information and personal intentions do not demonstrate projected impact rising to substantial positive economic effects.

Application manager seeks NIW for EB-2 advanced degree classification. Proposed IT work providing services to organizations with important missions. AAO dismissed appeal, finding proposed endeavor lacks national importance; while petitioner was highly qualified and IT field important, no evidence showed specific proposed endeavor would impact IT field broadly or create substantial economic or employment benefits nationally.

A database engineer with MBA sought NIW for freelance work and founding an online IT school. AAO dismissed appeal, finding the proposed endeavor lacked national importance and petitioner was not well positioned to advance the online school despite having relevant experience and business background.

Chief technology officer seeking EB-1A extraordinary ability classification. AAO remanded because director misclassified petitioner's field of endeavor; petitioner asserted multidisciplinary expertise but director evaluated narrow specialty only, requiring RFE for field clarification before criteria assessment.

An entrepreneur and researcher in cybersecurity on O-1 visa sought EB-1A extraordinary ability classification. The AAO affirmed dismissal, finding he satisfied only two of ten criteria and thus failed the initial threshold, with aggregate review showing insufficient acclaim and recognition required for the classification.

Computer engineer claimed EB-2 advanced degree or exceptional ability and national interest waiver. AAO held petitioner did not establish advanced degree eligibility, met only one of six exceptional ability criteria, and thus failed to establish first prong of Dhanasar framework, making waiver analysis unnecessary.

Chief technology officer sought EB-1A extraordinary ability classification. Director denied; AAO found director failed to evaluate petitioner's claimed scholarly articles criterion. AAO remanded for director to address this criterion and if satisfied conduct final merits analysis.

Information technology professional sought national interest waiver for EB-2 classification. AAO dismissed appeal, finding petitioner failed to meet exceptional ability requirement (at least three of six criteria). Petitioner met only two criteria; did not establish license, comparable evidence, high salary, or recognition by peers. National interest waiver analysis not reached due to lack of prerequisite EB-2 qualification.

IT specialist seeking NIW to fill gap in skilled professionals. Petitioner established substantial merit but failed to demonstrate national importance; tentative job offers in project leadership lack documentary evidence of broader field impact beyond employer benefit.