Published AAO appeal decisions

IT professional with advanced degree seeks NIW to work in project management and AI adoption. AAO agreed endeavor has substantial merit but lacked national importance because benefits did not extend beyond individual employers or substantially impact the field.

An advanced computing specialist sought EB-2 national interest waiver to found a consulting firm offering AI-driven sustainable computing solutions in autonomous vehicles, healthcare, and semiconductors. The AAO affirmed denial because the proposed endeavor lacked sufficient evidence of national importance, broader field impact, or substantial economic effects.

Computer science researcher seeking EB-2 with national interest waiver claimed substantial merit, national importance, and ability to advance research independently. AAO found the first prong met but dismissed the appeal because the petitioner failed to demonstrate he was well-positioned to advance the proposed endeavor.

Cybersecurity academy founder and CEO sought EB-2 NIW. AAO found proposed endeavor had substantial merit but lacked national importance; consulting activities insufficient in scale and impact to affect field, economy, or national security broadly.

A computer scientist and AI company co-founder/CTO sought EB-1A extraordinary ability. He met three initial criteria (published material, judging, scholarly articles). However, final merits analysis found his achievements did not demonstrate sustained national or international acclaim or placement among the very top in his field. Appeal dismissed.

Cybersecurity and Internet of Things researcher met initial three-criterion threshold but failed final merits determination. AAO found insufficient evidence of sustained national or international acclaim or career of acclaimed work at field's top.

AI researcher and CEO sought EB-1A classification claiming four criteria; two were met. Motion to reconsider challenged findings on original contributions and high salary. AAO upheld prior dismissal, finding motion did not establish error in law or policy application.

Chief Technology Officer seeking EB-1A extraordinary ability in science, technology, and education claimed seven criteria. AAO dismissed appeal, finding petitioner failed to meet three required criteria: awards not related to proposed endeavor, published material insufficient, and original contributions not of major significance.

An entrepreneur and computer systems engineer sought NIW classification to operate an IT services company. The appeal was dismissed because the petitioner failed to establish the venture's national importance or that a waiver would benefit the United States, and also lacked advanced degree credentials as initially claimed.

An information security analyst in IT and cybersecurity sought EB-1A classification. She claimed four criteria across proceedings. The AAO found membership and salary criteria unmet and reserved analysis of two others. Aggregate review showed no sustained national or international acclaim or evidence of top-tier recognition in the field.

Computer scientist petitions for EB-1A extraordinary ability classification. Established two of ten initial criteria: published material and judging. AAO held original contributions lack demonstrated major significance and salary evidence lacks adequate comparative context. Failed to meet threshold of three criteria.

A cybersecurity engineer sought EB-1A extraordinary ability classification. The AAO dismissed the appeal, finding he did not satisfy at least three of ten evidentiary criteria and lacked the sustained national or international acclaim required for final merits determination.

CEO and software engineer claims extraordinary ability in sciences under EB-1A. AAO affirmed denial, finding petitioner met zero of seven evidentiary criteria claimed, lacking nationally recognized awards, relevant professional memberships, major contributions to field, scholarly publications, or high salary evidence.

An advanced degree professional in a STEM field proposes an endeavor with substantial merit and national importance. The AAO remanded because the service center improperly analyzed whether the petitioner is well-positioned to advance the endeavor and failed to adequately explain the balance-of-benefits analysis under Dhanasar.

Search engine optimizer sought EB-1A extraordinary ability classification. Petitioner claimed five criteria, with service center finding only two met. On appeal, petitioner pursued scholarly articles claim based on published book, which AAO rejected as not constituting scholarly articles. Unable to meet three-criterion minimum, appeal dismissed without final merits analysis.

AI researcher sought EB-2 classification with national interest waiver for research on information retrieval and natural language processing. SCOPS initially approved then revoked. AAO sustained appeal, finding petitioner established national importance of endeavor, demonstrated requisite expertise, and proved waiver would benefit the United States.

AI researcher seeking EB-2 with national interest waiver claimed substantial merit, national importance, positioning to advance, and balance favoring waiver under Dhanasar. AAO found first prong met but rejected second and third prongs: petitioner lacks completed degree, secured funding, or concrete employment plans; waiver not shown beneficial to United States.

A cybersecurity specialist seeks NIW as an EB-2 advanced degree professional. The AAO dismissed because the petitioner did not possess an advanced degree at filing and the proposed endeavor—personal career advancement—lacks the national importance required under the first Dhanasar prong.

Computer scientist researching AI applications in healthcare sought EB-2 national interest waiver. Proposed work on multimodal AI systems addressing healthcare transparency. AAO found proposed endeavor had substantial merit and national importance with global implications, applicant well positioned via expertise and prior government-funded research, and waiver beneficial to U.S. on balance given national security and competitiveness implications.

A machine learning research scientist sought EB-2 with national interest waiver. The AAO found him qualified as an advanced degree holder with substantial merit work, but dismissed the appeal because his specific proposed endeavor lacked proven national importance despite citations and research funding.

Artificial intelligence researcher with PhD seeks EB-2 national interest waiver. Claimed research endeavor has national importance based on field relevance, citations, and executive order support. AAO found endeavor lacks demonstrated national importance; articles and support letters insufficient to show broader prospective impact on the field itself.

Security engineer with advanced degree claimed national interest waiver for proposed cloud security research. AAO upheld denial, finding the specific endeavor lacked demonstrated national importance and presented material changes to initial proposal without clear prospective impact beyond the employer.

A systems engineer sought EB-2 national interest waiver for a proposed business providing supply chain management consulting to industrial and commercial companies. The AAO dismissed the appeal, finding the petitioner established exceptional ability but failed to demonstrate national importance of the specific business endeavor despite showing industry importance.

Semiconductor operations project manager with advanced degree sought EB-2 NIW. AAO affirmed denial, finding proposed endeavor to innovate chip testing lacks demonstrated national importance. Professional experience and industry importance insufficient; no evidence of broader sectoral or economic impact.