Published AAO appeal decisions

An IT program manager seeking EB-2 classification and NIW claimed exceptional ability and national importance for proposed IT project management business. AAO found he failed to meet three evidentiary criteria for exceptional ability and that his proposed endeavor lacked national importance beyond his company and clients, thus denying the NIW.

A postdoctoral researcher in metabolic diseases sought an EB-2 national interest waiver. She satisfied the first prong (substantial merit and national importance) but failed the second: she lacked a clear plan, institutional commitment, or funding evidence to demonstrate she was well-positioned to advance her work, so the appeal was dismissed.

Computer network architect self-petitioner sought NIW under EB-2. AAO affirmed SCOPS denial, finding her proposed endeavor in telecommunications security had substantial merit but lacked the national importance required by Dhanasar's first prong, as general field alignment does not establish specific endeavor impact.

HR professional and entrepreneur sought EB-2 NIW based on proposed AI platform connecting businesses with artisans and sustainable fashion work. AAO found endeavor lacked sufficient national importance; broad statements about economic benefits and job creation were unsubstantiated by corroborating evidence of prospective impact.

A researcher in sustainable building and construction proposes to advance climate-resilient environmental research through peer publication and conferences. AAO held the proposed endeavor lacks national importance under Dhanasar's first prong because the record shows only ordinary research activities similar to all other researchers, without evidence of broader field impact or adoption by decision-makers.

Special education coordinator sought EB-2 NIW to establish Texas education consultancy. AAO dismissed appeal, finding petitioner failed to establish national importance of the specific endeavor, which lacked identifiable unique methodologies or prospective broad impact beyond local service provision.

A professional in international educational development with advanced degree sought NIW under EB-2. AAO dismissed because while the field is important, the petitioner failed to demonstrate national importance of her specific endeavor—placing visiting teachers in U.S. classrooms—which lacks broad implications beyond limited participants.

Software developer sought NIW for EB-2 exceptional ability classification. Petitioner met only two of six required evidentiary criteria: official academic record and compensation. Appeal dismissed because petitioner failed to establish exceptional ability significantly above ordinarily encountered in field, failing antecedent requirement for NIW consideration.

Ph.D. student in computer science with research focus on human-machine interfaces and AI sought EB-2 with NIW. AAO reversed service center on prong one, finding national importance established, but affirmed dismissal after finding petitioner not well positioned to advance endeavor.

A construction manager with advanced degree sought EB-2 NIW classification. The AAO affirmed dismissal, finding the record demonstrated the specific endeavor had substantial merit but lacked evidence of national importance. Letters and documents addressed the petitioner's skills, not the endeavor's national implications or economic benefits.

A clinical psychologist sought EB-2 national interest waiver to operate a mental health treatment center using proprietary methodology. The AAO dismissed the appeal, finding the endeavor had substantial merit but lacked national importance because individual patient services and training courses would not broadly impact the mental health field.

An IT professional sought EB-2 national interest waiver to establish an LLC providing custom IT services to small and medium businesses. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance despite cybersecurity's overall importance, as benefits would not extend beyond the LLC's immediate clients.

Senior business analyst proposes self-employment in e-waste AI and e-commerce business. Claimed endeavor has national importance and would generate jobs and tax revenue. AAO dismissed appeal, finding endeavor lacks documented prospective impact beyond specific clients and does not meet national importance requirement under Dhanasar first prong.

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.

HR consultant sought EB-2 national interest waiver. AAO found petitioner demonstrated substantial merit of proposed US HR consulting endeavor but failed to establish national importance, concluding prospective impact limited to particular business rather than field or broader economy. Appeal dismissed without addressing positioning or balance arguments.

A telecommunications business manager self-petitioning for NIW sought EB-2 as individual of exceptional ability. The AAO found the proposed endeavor of integrating AI and IoT in telecommunications had substantial merit but lacked demonstrated national importance. The decision dismissed because petitioner failed to show specific national-level impact beyond his company.

Epidemiologist seeks EB-2 national interest waiver for research endeavor in cardiovascular devices, diabetes, nutrition, and diagnostics. AAO affirmed denial, finding petitioner failed to demonstrate national importance of the specific proposed endeavor beyond general field importance, lacking evidence of broader impact or economic benefit.

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.

Entrepreneur developing smart parking facilities sought EB-2 NIW for U.S. business. AAO held the venture has substantial merit and petitioner is well-positioned to advance it, but the specific proposed endeavor lacks national importance; benefits limited to local economic activity and HUB Zone designation does not equate to economically depressed area.

Adaptive sports therapy specialist seeking NIW for EB-2 as advanced degree professional. AAO found endeavor lacks national importance despite substantial merit; local center lacks broader field implications. Petitioner not adequately positioned to advance endeavor. Appeal dismissed.

A lawyer seeking EB-2 with national interest waiver for cybersecurity compliance services claimed his endeavor addresses urgent industry needs and creates jobs. The AAO dismissed the appeal, holding that working in an important field is insufficient; the petitioner failed to demonstrate his specific proposed endeavor has national importance or substantial prospective economic impact.

Management analyst seeking NIW for business establishing drug repositioning company. AAO affirmed denial because proposed endeavor lacks national importance; business plan contains inconsistent financial data showing net loss rather than profit, lacks specified location, and benefits only particular clients without broader field implications.

A security consultant sought EB-2 national interest waiver to establish a security services business. The AAO affirmed denial, finding the proposed business lacked national importance despite the field's merit, as its impact would not extend beyond specific clients to affect the security sector broadly.

Nondestructive testing and chemical engineer with 25 years experience sought NIW for proposed NDT consulting endeavor. AAO found substantial merit but rejected national importance prong, concluding the individual company's services lacked broader implications for the field, region, or nation. Appeal dismissed.

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.