Published AAO appeal decisions

Lawyer seeks NIW for EB-2 classification to establish immigration law firm providing legal services to immigrants. AAO found proposed endeavor lacked national importance; petitioner did not demonstrate how services would differ from existing firms or impact field broadly; appeal dismissed.

AI researcher sought EB-2 classification with national interest waiver for research on information retrieval and natural language processing. SCOPS initially approved then revoked. AAO sustained appeal, finding petitioner established national importance of endeavor, demonstrated requisite expertise, and proved waiver would benefit the United States.

International legal advisor in business consulting seeks EB-2 national interest waiver. Petitioner claimed endeavor had national importance through ecosystem strengthening and cross-border business benefits. AAO held first Dhanasar prong unmet: proposed endeavor lacks documented national importance; cited evidence addresses general field trends, not specific endeavor impact; insufficient proof of substantial economic benefits.

Masonry and stone restoration specialist with advanced degree equivalent sought NIW for sustainable historic preservation work. Remanded because SCOPS did not determine if proposed job requires advanced degree professional and failed to explain national importance finding adequately.

AI researcher seeking EB-2 with national interest waiver claimed substantial merit, national importance, positioning to advance, and balance favoring waiver under Dhanasar. AAO found first prong met but rejected second and third prongs: petitioner lacks completed degree, secured funding, or concrete employment plans; waiver not shown beneficial to United States.

A cybersecurity specialist seeks NIW as an EB-2 advanced degree professional. The AAO dismissed because the petitioner did not possess an advanced degree at filing and the proposed endeavor—personal career advancement—lacks the national importance required under the first Dhanasar prong.

A geologist sought EB-2 exceptional ability classification with a national interest waiver. After an earlier appeal and several motions were dismissed, the petitioner filed a combined motion to reopen and reconsider. The AAO dismissed both: the delay in the prior late motion was not shown reasonable or beyond his control, and no legal error was identified.

Computer and information systems manager seeks EB-2 with NIW. Service center denied finding petitioner did not meet exceptional ability despite stating petitioner satisfied three required criteria. AAO found contradictory conclusions and remanded for proper adjudication with request for evidence, noting certification criterion requires clarification.

Agricultural scientist seeking EB-2 national interest waiver for climate-resilient farming research. AAO found proposed endeavor met substantial merit and national importance prong but applicant failed second prong: master's degrees and publication record insufficient to establish she is well positioned to advance the endeavor. Third prong not addressed due to failure on second prong.

An electrical engineering Ph.D. candidate sought EB-2 national interest waiver for research on power electronics for renewable energy. The AAO dismissed the appeal, finding the endeavor had substantial merit and national importance but the petitioner failed to demonstrate she was well positioned to advance it via her research record and impact.

Computer scientist researching AI applications in healthcare sought EB-2 national interest waiver. Proposed work on multimodal AI systems addressing healthcare transparency. AAO found proposed endeavor had substantial merit and national importance with global implications, applicant well positioned via expertise and prior government-funded research, and waiver beneficial to U.S. on balance given national security and competitiveness implications.

A machine learning research scientist sought EB-2 with national interest waiver. The AAO found him qualified as an advanced degree holder with substantial merit work, but dismissed the appeal because his specific proposed endeavor lacked proven national importance despite citations and research funding.

A medical scientist sought EB-2 classification with national interest waiver for a biomedical research and clinical diagnostics endeavor. The AAO affirmed dismissal, holding the petitioner failed to demonstrate national importance under Dhanasar's first prong, showing only individualized benefits to clients and employees rather than broader field or regional impact.

Logistics manager seeking NIW for EB-2 classification to establish startup consulting and software company in Florida. AAO affirmed SCOPS denial, finding proposed endeavor lacked national importance because impacts remained localized to company clients without establishing broader industry implications or substantiated economic effects.

An entrepreneur with advanced degree operating a trucking and financial consulting business sought a national interest waiver under the Dhanasar framework. The AAO affirmed denial because the proposed endeavor failed the first prong: while having substantial merit, the petitioner did not establish national importance, as business impact did not extend beyond immediate clients.

Artificial intelligence researcher with PhD seeks EB-2 national interest waiver. Claimed research endeavor has national importance based on field relevance, citations, and executive order support. AAO found endeavor lacks demonstrated national importance; articles and support letters insufficient to show broader prospective impact on the field itself.

An advanced degree professional proposes to own and operate an LLC providing corporate financial management services to businesses. The AAO dismissed because the proposed endeavor lacked national importance; it would impact only the LLC's clients, not the field broadly, and the petitioner did not establish broader implications beyond her business.

An agro-industrial engineer self-petitioned for EB-2 classification with a national interest waiver. The AAO found him qualified as an advanced degree professional but denied the waiver. His consulting services to agricultural and manufacturing SMEs lacked the national or global implications necessary to demonstrate national importance under Dhanasar.

Mining engineer and entrepreneur sought EB-2 with national interest waiver for planning and project engineering in construction and mining. AAO affirmed service center denial, finding petitioner established substantial merit but not national importance of proposed endeavor under Dhanasar framework.

Industrial engineer proposing retail loss prevention and supply chain management business seeking EB-2 NIW. AAO withdrew SCOPS determination on substantial merit, accepting it. However, petitioner failed to demonstrate national importance; employment projections and revenue forecasts insufficient to establish significant employment or economic impact regionally or nationally beyond specific clients.

A registered nurse sought EB-2 NIW classification for an in-home healthcare business. The AAO found she lacked five years post-degree experience for advanced degree classification and failed the national importance prong: her endeavor, though meritorious, would only serve individual patients without broader field impact. The AAO dismissed the appeal.

An early childhood educator and behavioral counselor with master's degree sought EB-2 national interest waiver for consulting business training educators in underserved communities. The AAO dismissed, holding that the proposed endeavor lacks national importance; working in an important field, addressing labor shortages, or providing regional services does not establish prospective impact at a national level.

A lawyer and legal entrepreneur in self-petitioner status sought EB-2 with NIW. The applicant claimed substantial merit and national importance for a legal practice advising startups and cybersecurity. The AAO dismissed the appeal because the petitioner failed to demonstrate national importance: the business plan lacked specificity about economic impact, job creation, or projected benefits; merely working in an important field is insufficient.

Security engineer with advanced degree claimed national interest waiver for proposed cloud security research. AAO upheld denial, finding the specific endeavor lacked demonstrated national importance and presented material changes to initial proposal without clear prospective impact beyond the employer.

A mechanical engineer with a Ph.D. sought an NIW to pursue advanced manufacturing research for healthcare devices. The AAO found the proposed endeavor has substantial merit and national importance but concluded the petitioner did not demonstrate being well positioned to advance it, as education and publication citations alone do not show sufficient record of success.