Published AAO appeal decisions

Senior software developer with Brazilian work history seeks EB-2 NIW. Claimed software development work has national importance. AAO held petitioner failed to show proposed endeavor has national importance; work serves limited clients without broader implications for field, and reliance on general occupation statistics insufficient.

A solution director in supply chain and manufacturing technology sought extraordinary ability classification, claiming four criteria. The Director accepted two. The AAO found only judging satisfied, rejected original contributions and leading role, treated scholarly articles as waived, and dismissed because acclaim was confined to employers and collaborators.

A software developer sought a national interest waiver for EB-2 classification to start an IT consulting firm. The AAO dismissed the appeal, holding that while the endeavor had substantial merit, the proposed employment of eight workers lacked broader industry implications and substantial economic effects required for national importance.

An IT coordinator sought an EB-2 exceptional ability classification with a national interest waiver. The AAO found he met none of the six exceptional ability criteria, including withdrawing the earlier finding on professional membership, and declined to reach the waiver questions, so the appeal was dismissed.

A mechanical engineer and software programmer sought NIW to undertake business efficiency and manufacturing projects. The AAO dismissed the appeal, finding the petitioner demonstrated substantial merit but failed to show national importance, as the projects would only serve specific customers rather than impact the field or economy broadly.