Published AAO appeal decisions

A research and design engineer supporting U.S. defense and aerospace industries sought EB-2 national interest waiver. The AAO found his proposed endeavor has national importance, he is well positioned to advance it through relevant education and experience, and the balance favors waiver given strategic national interests.

Software development entrepreneur seeking NIW for establishing company in United States. Claimed proposed endeavor has national importance through job creation and economic effects. AAO found endeavor lacks sufficient national importance; broad assertions about economic benefits insufficient. Appeal dismissed.

A computer engineer proposes privacy research in computing. AAO affirmed denial, holding proposed endeavor lacks qualitative contributions with national implications; merely adding incremental knowledge to field without demonstrating wide prospective impact fails Dhanasar national importance requirement.

A software developer and entrepreneur with a Ukrainian master's degree sought EB-2 NIW classification for an all-in-one technology agency serving startups and small businesses. The AAO affirmed denial, finding the endeavor had substantial merit but lacked national importance as the petitioner failed to demonstrate broader implications or significant economic effects without supporting evidence.

An applicant with advanced degree sought NIW EB-2 to develop blockchain and smart contract technologies for insurance, alongside academic teaching. The AAO dismissed the appeal, finding the endeavor had substantial merit but lacking national importance; the proposed product and teaching activities would not impact the field broadly enough.

Computer scientist with master's degree seeking EB-2 national interest waiver for research on optimization algorithms in machine learning. AAO dismissed, finding proposed endeavor lacked national importance; evidence showed importance of field, not specific petitioner's work beyond employer.

A data scientist with a doctorate in computer science sought an EB-2 NIW by proposing AI-driven drug discovery research. The AAO reversed SCOPS' denial, finding the proposed endeavor clearly described with substantial merit and national importance, and remanded for reconsideration of whether the balance favors waiver.

Technology professional claiming extraordinary ability under EB-1A. Petitioner asserted five criteria on appeal, three on merit review: original contributions, leading role, and published material. AAO affirmed denial, finding contributions lack specificity and field-wide impact, and leading role lacks hierarchy detail. Failed to meet required minimum three criteria.

Petitioner holds advanced degree and seeks NIW for research developing fairer face recognition systems through synthetic data and bias mitigation. SCOPS found substantial merit but denied national importance. AAO affirmed dismissal, ruling petitioner conflated field importance with specific endeavor importance and lacked sufficient evidence of prospective impact.

Cryptography researcher pursuing PhD seeks EB-2 advanced degree and NIW for research developing secure communication and privacy tools. AAO found proposed endeavor has substantial merit and national importance. However, petitioner lacks documented postdoctoral position or specific employment commitment, failing to establish he is well-positioned to advance the work.

Computer science Ph.D. candidate proposed research in AI-enhanced network performance. AAO found proposed endeavor has substantial merit and national importance but rejected petition because petitioner lacks sufficient record of research success or progress to be well positioned to advance the work.

A researcher in wireless charging technology for smartphones sought EB-2 NIW classification. The AAO dismissed the appeal, finding the petitioner established substantial merit and was well-positioned to advance the endeavor, but failed to demonstrate national importance. Letters lacked corroboration and specific evidence of broader impact on industry, economy, or national security.

A designer and entrepreneur seeks EB-2 national interest waiver for AI-powered user experience and smart footwear technology. The AAO dismissed because although the endeavor has substantial merit in technology and business, the petitioner failed to establish its national importance, presenting vague claims across multiple industries without sufficient focused prospective impact.

A software developer in cybersecurity sought NIW to operate a consulting firm offering cybersecurity services to education, finance, and data protection sectors. The AAO affirmed dismissal because the petitioner failed to establish that the company's endeavor would have national importance, relying instead on general cybersecurity field importance without evidence of specific prospective impact.

Graduate student researcher in artificial intelligence claimed exceptional ability and national interest waiver. Service center denied without analyzing national importance or waiver discretion. AAO remanded for complete Dhanasar analysis, finding service center misidentified the proposed endeavor and failed to assess specificity and prospective impact.

Staff R&D engineer seeking NIW as EB-2 advanced degree professional. Qualified for EB-2 but failed first Dhanasar prong: proposed research projects lack sufficient evidence of national or global impact or broader field implications. Benefits narrowly confined to specific employer. Appeal dismissed.

PhD holder in AI and infrastructure management, founder of startup, sought EB-2 NIW. Proposed endeavor: lead AI and infrastructure research and consulting. USCIS found substantial merit but insufficient evidence of national importance. AAO affirmed: endeavor lacks specificity, funding details, and demonstrated broader impact; appeal dismissed.

Computer science researcher with master's degree seeking NIW for autonomous vehicle research. Claimed endeavor has national importance aligned with road safety and energy efficiency. AAO held specific proposed endeavor lacks national importance despite field alignment; expert letters and publications insufficient to demonstrate broader implications or reliance by other researchers.

A research scientist with a Ph.D. sought NIW to develop AI optimization algorithms for large language models and computer vision. The AAO dismissed the appeal, finding the petitioner failed to demonstrate national importance; benefits appeared limited to the employer without broader field implications.

A business analyst sought EB-2 NIW to establish an AI cybersecurity business as CEO and software developer. The AAO dismissed the appeal, finding the proposed endeavor has substantial merit but lacks demonstrated national importance; alignment with government cybersecurity priorities does not establish the specific endeavor's national significance.

Cybersecurity consultant with master's degree sought EB-2 national interest waiver for self-employment in digital security. AAO affirmed denial on first prong: petitioner works in important field but did not demonstrate specific proposed endeavor has national importance or broader implications in cybersecurity. No new evidence provided on appeal.

A Ph.D. software engineering student sought EB-2 classification with a national interest waiver. The petitioner claimed three exceptional ability criteria. The AAO found the petitioner met one criterion but withdrew a prior favorable determination on professional membership, leaving the petitioner unable to satisfy all three claimed criteria. Appeal dismissed without reaching the national interest waiver analysis.

Graduate research assistant in cybersecurity self-petitions for EB-2 NIW. Proposes autonomous vehicle security research with substantial merit and national importance. AAO finds insufficient evidence of deployment impact, citation comparisons, or progress rendering her well positioned to advance the endeavor.

Information security analyst sought EB-2 NIW for developing unified cybersecurity framework integrating DLP, IRM, and AI. AAO found endeavor lacked national importance despite alignment with executive orders on cybersecurity and AI. Consultancy work lacks sufficient broader field impact. Appeal dismissed.

Software engineer with master's degree proposing to develop open-source web components library for data visualization. AAO held proposed endeavor lacks national importance under Dhanasar first prong; general STEM field importance insufficient without demonstrated broad impact.