Published AAO appeal decisions

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.

A relationship manager with advanced degree seeks NIW claiming to improve financial access and security through Islamic finance services. AAO affirmed denial because the petitioner failed to establish national importance of the specific proposed endeavor, lacking sufficient detail about strategies and prospective nationwide impact.

Professional with advanced degree in geodetic engineering sought EB-2 NIW for co-living management system for senior citizens. Proposed endeavor has substantial merit addressing housing and aging issues, but petitioner failed to demonstrate national importance; impact limited to end users without evidence of broader field transformation or economic benefits.

Civil engineer and entrepreneur sought NIW for EB-2 advanced degree to operate a real estate technology startup focused on affordable housing. AAO found endeavor lacked national importance because record did not sufficiently demonstrate prospective impact at national or industry level, and petitioner was not well-positioned to advance it.

A biomedical engineering graduate research assistant sought NIW EB-2 classification for livestock safety research. The AAO found the proposed endeavor had substantial merit and national importance but dismissed the appeal because the petitioner failed to demonstrate he was well positioned to advance the endeavor, lacking a demonstrated record of research success.

An aircraft maintenance technician sought NIW for EB-2. The AAO found the proposed endeavor met the first Dhanasar prong on national importance but dismissed for failing the second prong. The petitioner lacked documented evidence of company existence, adequate funding, and a credible team to advance the proposed business.

Software developer and entrepreneur sought EB-2 with national interest waiver to establish software automation services firm in Florida. AAO dismissed the appeal, finding the proposed business lacked national importance because petitioner provided only unsupported assertions and business projections without demonstrating broader industry impact or substantial economic effects beyond serving individual clients.

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.

An avionics specialist sought EB-2 exceptional ability classification together with a national interest waiver. The AAO dismissed the appeal because he did not show ten years of full-time experience with reliable evidence, so he lacked the underlying classification and the waiver analysis was not reached.

Industrial engineer sought EB-2 national interest waiver for project engineer role. Petitioner is advanced degree professional but failed first Dhanasar prong: proposed endeavor lacks national importance despite alignment with environmental priorities and cost reduction potential on individual projects.

Truck driver and entrepreneur sought NIW for transportation and logistics venture. AAO dismissed, finding proposed endeavor lacks national importance despite acknowledging substantial merit. Without first prong satisfied, Dhanasar analysis terminates and second and third prongs need not be reached.

A petitioner sought EB-2 NIW classification for a Russian economics graduate. The AAO dismissed her combined motion to reopen and reconsider, holding the bachelor degree was completed in less than four years and the academic evaluation did not credibly establish foreign equivalency to a U.S. four-year degree.

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.

An art curator seeks EB-2 national interest waiver to establish a nonprofit cultural platform for exhibitions, archiving, and education. The AAO affirmed denial because the proposed endeavor lacks demonstrated national importance; support letters and credentials alone do not establish impact extending beyond immediate community.

An entrepreneur from Uzbekistan with a master's degree sought an EB-2 national interest waiver for an independent transportation business using IT expertise. The AAO affirmed dismissal because the proposed endeavor lacked demonstrated national importance despite having substantial merit, lacking credible economic impact.

Engineer self-petitioned for EB-2 national interest waiver to develop machine-learning forecasting models for renewable energy. AAO found proposed endeavor has national importance but petitioner not well positioned to advance it. Matter remanded for reconsideration after petitioner provides additional evidence of demonstrated success in similar work.

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.

Civil engineer holding advanced degree sought EB-2 NIW. SCOPS granted advanced degree qualification but denied waiver for lack of national importance. AAO affirmed: petitioner showed merit of field and his capability to advance work but failed to establish specific proposed endeavor has broader implications or national importance needed under Dhanasar first prong. Appeal dismissed.

A meat industry executive and business owner sought EB-2 exceptional ability classification with national interest waiver. The AAO found he did not meet the underlying EB-2 requirement and did not analyze the NIW prong, reserving it as unnecessary after finding him ineligible for the base classification.

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.

Supply chain manager and entrepreneur proposes consulting and training services for soybean processing. AAO held proposed endeavor has substantial merit but lacks national importance; petitioner failed to establish substantial economic effects or workforce impact beyond regional direct clients.

A psychology professor with Ph.D. sought EB-2 national interest waiver for research on data science and ecological threats. AAO found proposed research has substantial merit and national importance but determined petitioner lacks evidence of being well-positioned to advance endeavor; appeal dismissed.

Marketing entrepreneur seeks NIW for digital marketing business in New Jersey. Petition claimed substantial merit and national importance. AAO found substantial merit but no national importance; business serves only individual clients without broader field impact or substantial economic effects warranting waiver.

A Ph.D. student in petroleum engineering sought NIW claiming research in energy storage advances national interest. AAO found the endeavor has substantial merit and national importance but rejected the petition because the applicant failed to show sufficient progress, citation record, or field interest to demonstrate being well-positioned to advance the proposed research.