Published AAO appeal decisions

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.

Senior scientist in translational medicine with advanced degree sought EB-2 with national interest waiver for research on novel therapies and diagnostics. AAO reversed denial on first prong but dismissed appeal because petitioner failed to establish being well-positioned to advance the endeavor.

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.

Civil engineer specializing in highway design and BIM/3D modeling seeks NIW for EB-2. AAO dismissed appeal, holding specific proposed endeavor lacks national importance; expertise in already-adopted technology and general field importance do not establish national importance.

An entrepreneur and CEO qualified for EB-2 with advanced degree but sought national interest waiver for her proposed venture capital consulting firm. AAO found the endeavor lacked specificity, corroboration, and sufficient evidence of national importance, rejecting claims of employment potential and economic impact under Dhanasar.

A traditional Uzbek jeweler met two criteria on appeal but failed to establish the required three. Membership claims contained inconsistent documentation and conflicting dates; published material appeared in non-qualifying sources or after the deadline; original contributions lacked documentation of major significance.

Immigration attorney seeking NIW to provide visa guidance to foreign nationals. Claimed endeavor advances U.S. talent attraction priorities. AAO dismissed, finding specific proposed work lacked national importance; it would benefit individual clients without demonstrating prospective impact on immigration field or economy broadly.

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.

Civil and environmental engineer proposes infrastructure and sustainability research advancement. AAO held first prong met but second prong not met; petitioner's publications and citations lack evidence of implementation, government funding, or demonstrated progress toward advancing the specific proposed endeavor.

An interior designer sought EB-2 NIW to establish nonprofit organization promoting sustainable design through education and workshops. AAO affirmed denial, finding petitioner failed to demonstrate she was well positioned to advance the nonprofit endeavor due to insufficient evidence of current efforts and lack of secured funding.

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.

An industrial engineer sought NIW for proposed consulting work. The AAO dismissed because the petitioner failed to demonstrate national importance, showing only general field importance and speculative potential benefits rather than specific prospective impact of her proposed endeavor.

Lawyer proposing consulting firm providing legal advice on digital asset financial safeguarding. Claimed national importance through government policy alignment and industry support. AAO held proposed endeavor lacks national importance: services already provided by others, no broader implications, no significant U.S. employment potential.

Clinical psychologist and entrepreneur proposing mental health services business claims national importance waiver. AAO found substantial merit but rejected national importance because the endeavor lacks broader field implications, significant job creation, or substantial economic effects beyond direct patients, failing Dhanasar's first prong.

A medical science liaison proposing a new medical consulting and training business sought a national interest waiver. The AAO dismissed the appeal, finding the proposed endeavor lacks national importance due to insufficient documentation of prospective impact and benefits limited to the business and clients rather than broader healthcare industry.

Civil engineer sought EB-2 NIW for concrete innovation solutions in wet areas and flood zones. SCOPS found national importance but AAO disagreed and reserved that issue. Appeal dismissed because petitioner failed second prong: bachelor's degree insufficient, unsupported conclusory letters, no demonstrated partnerships or customer interest.

Entrepreneur seeking EB-2 NIW for business exporting supply chain products. AAO dismissed appeal, finding substantial merit but not national importance. Petitioner failed to demonstrate specific prospective impact beyond her company and customers; reliance on sector importance and general statistics insufficient without corroborating evidence of substantial economic effects.

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.

Postdoctoral candidate in electrical engineering with Master's degree sought EB-2 NIW for research in machine learning applications. AAO affirmed Service Center denial, finding endeavor has national importance but petitioner is not well positioned to advance it, lacking sufficient evidence of field influence or relevant party interest.

An educational technologist from Brazil sought EB-1A extraordinary ability classification. She claimed eight initial criteria; the AAO found scholarly articles and judging met, but awards and membership not met, leaving only two criteria satisfied. Because at least three criteria are required, the AAO dismissed the appeal without reaching final merits.

Artist with master's degree sought EB-2 NIW to expand artistic presence in U.S. SCOPS found substantial merit but not national importance. AAO affirmed: endeavor lacks sufficient national importance and broader implications required under Dhanasar framework. Appeal dismissed.

Dance educator focused on ballroom dance curricula for people with disabilities seeks EB-1A extraordinary ability classification. Petitioner did not meet the required three of ten evidentiary criteria threshold: failed judging and leading/critical role criteria; two other claimed criteria not separately addressed because threshold was not satisfied.

A financial planning consultant sought EB-2 national interest waiver for a consulting company serving small and medium-sized enterprises. The AAO affirmed denial, finding the petitioner established substantial merit but failed to demonstrate national importance because he did not show his individual company would reach the level of national-level economic impact required by Dhanasar.

Project management specialist with advanced degree sought NIW for a consulting initiative providing training and mentorship to rural entrepreneurs in Florida. AAO dismissed, finding the proposed endeavor, while having substantial merit, lacks the national importance required by the first prong of the Dhanasar framework; general economic benefits and job creation potential are insufficient.

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.