Published AAO appeal decisions

Industrial engineer seeking NIW for EB-2 classification claims proposed endeavor in supply chain optimization, warehouse operations using AI, and autonomous air taxis addresses national interests. AAO held the endeavor lacks demonstrated national importance; working in STEM and emerging technologies alone insufficient without evidence of prospective impact or broader implications.

Entrepreneur seeking EB-2 with self-petitioner NIW for cybersecurity and IT consulting startup. Claimed endeavor has national importance through potential employment and economic ripple effects. AAO held endeavor lacks national importance; specific business plan too vague; benefits limited to company and clients; no evidence of broader implications.

Self-petitioner, IT professional proposing specialized IT consulting and training business. Claimed national importance based on STEM field work and gender diversity in IT. AAO dismissed, finding the specific endeavor lacks national importance; working in STEM alone does not establish national importance of a particular proposed business.

An IT consultant with a bachelor's degree seeks NIW as EB-2 advanced degree professional to establish a company offering digital transformation consulting for small and medium businesses. The AAO dismissed the appeal, finding the proposed endeavor lacks national importance because it does not extend beyond the company's clients to impact the field broadly.

Computer network architect and entrepreneur seeking EB-2 NIW to operate AI and IT solutions company. Claimed endeavor of national importance but provided only conclusory statements about qualifications without demonstrating specific prospective impact on economy, national security, or technology sectors.

IT specialist self-petitioner seeking NIW to establish IT consultancy providing e-commerce security and development services. Claimed national importance through worker shortage and innovative solutions. AAO held technologies not demonstrated as unique or innovative; profits and employment levels not substantial for IT industry; endeavor lacks broader field impact.

AI researcher with Ph.D. in electrical engineering seeking EB-1A extraordinary ability. Met two criteria: judging and scholarly articles. AAO dismissed appeal, finding original contributions criterion not met due to insufficient evidence of major significance; bulk of work predates 2014 and citations concentrated before 2019, insufficient for sustained national acclaim.

Computer vision and AI researcher sought EB-2 national interest waiver. AAO found proposed endeavor had substantial merit and national importance, and applicant well positioned to advance it via advanced degree and publication record. However, waiver not warranted: while work involves critical emerging technology, evidence did not show national interest sufficiently urgent to justify forgoing labor certification process.

A machine learning engineer self-petitioned for EB-2 classification with a national interest waiver. The AAO found he qualified with an advanced degree but denied the waiver. Generic publications about artificial intelligence and the 2023 AI Executive Order do not establish national importance of his specific research and development work for his current employer.

An information security engineer sought extraordinary ability classification. The service center accepted judging and scholarly articles, and the appeal disputed three more: awards, original contributions and high salary. The AAO dismissed it, finding those criteria unmet and no sustained acclaim or top-of-field standing shown in the overall record.

Senior security engineer claiming extraordinary ability in IT security. Petitioner claimed seven criteria but satisfied only two: judging and high salary. AAO dismissed appeal, finding insufficient evidence of national or international recognition, outstanding achievements through memberships, or published materials meeting regulatory standards. Record lacks evidence of sustained acclaim placing petitioner at field's top.

Language testing researcher and machine learning engineer sought EB-2 with national interest waiver. AAO affirmed advanced degree eligibility but dismissed appeal, finding proposed endeavor lacked demonstrated national importance and petitioner not well-positioned to advance it under Dhanasar framework.

Software developer and entrepreneur claiming extraordinary ability under EB-1A. Met three initial criteria: judging, scholarly articles, and leading role. AAO dismissed appeal, finding insufficient evidence of sustained national or international acclaim or that petitioner ranks among small percentage at field's top.

Software and systems architect in autonomous vehicle technology sought NIW. AAO dismissed because although the field has national importance, the petitioner failed to show his specific proposed work would impact the industry broadly; benefits to employer and business partners alone do not satisfy national importance.

An IT business analyst seeks an EB-2 NIW to operate an identity management consulting startup as CEO. The AAO dismissed, finding the proposed business lacks national importance despite its competent leadership and valuable client services.

Research scientist with PhD in materials science seeking EB-1A classification claimed to meet three of ten regulatory criteria. AAO found she met judging and scholarly articles criteria but failed to demonstrate original contributions of major significance. Appeal dismissed because petitioner has not shown sustained national or international acclaim required for extraordinary ability.

Cybersecurity entrepreneur proposed establishing a consulting company under EB-2 with NIW. AAO dismissed appeal, finding the proposed endeavor lacks sufficient national importance because services would not extend beyond the client base, provide substantial economic effects, or represent significant market share in the field.

A software engineer with a master's degree seeks EB-2 with NIW for cloud computing and STEM education contributions. SCOPS approved the underlying EB-2 and second prong but denied the waiver. The AAO dismissed because the proposed endeavor lacks sufficient national importance under Dhanasar's first prong.

A bioinformatics doctoral candidate and researcher sought EB-1A classification. Evidence met three evidentiary criteria: judging, original contributions, and scholarly articles. The AAO dismissed the appeal because the final merits analysis showed insufficient sustained national or international acclaim and that applicant was not among the small percentage at the very top of his field.

A computer scientist filed successive motions to reopen and reconsider an EB-2 national interest waiver denial. The AAO dismissed the second motion, finding no new facts or legal errors; the petitioner confused prospective impact with past achievement and restated previously considered evidence without demonstrating that the proposed endeavor had national importance.

A cybersecurity professional sought EB-2 NIW for work involving AI-powered threat detection and zero-trust architecture. The AAO found the proposed endeavor, though aligned with government priorities, lacks national importance because it would not demonstrate significant prospective impact on the industry or economy beyond the petitioner's prospective clients.

Mobile technology consultant appealed denial of EB-1A petition. Although petitioner claimed four criteria met, AAO found published material and leading role criteria not satisfied. Petitioner lacked sustained national or international acclaim and failed to establish extraordinary ability standard.

An AI researcher self-petitioning for EB-1A extraordinary ability. Claimed six evidentiary criteria and final merits assessment. AAO found only two criteria met (judging and scholarly articles), falling short of the required three. Record lacks evidence of major significance, widespread influence, or national acclaim necessary for extraordinary ability classification.

Cartography manager sought EB-2 NIW for GIS development and consulting project. AAO dismissed, finding no sufficient documentary evidence establishing the specific proposed endeavor has national importance or broader field impact despite working in important data technology sector.

Semiconductor equipment engineer sought NIW claiming to operate and maintain semiconductor manufacturing facilities. AAO dismissed because the proposed endeavor lacked sufficient specificity and detail; showing work in an important field alone does not establish national importance of the specific endeavor.