Published AAO appeal decisions

Veterinarian seeks NIW for EB-2 classification with unclear proposed endeavor involving ultrasound services for animals. AAO found substantial merit but rejected NIW because petitioner failed to demonstrate national importance; sector-wide shortage and evidence of industry need do not establish petitioner's specific endeavor has broader national or global implications.

A mechanical engineer with advanced degree sought NIW for a robotics research endeavor while employed full-time elsewhere. The AAO affirmed dismissal because the petitioner failed to establish that the specific proposed endeavor had national importance, showing only that robotics broadly benefits the field rather than demonstrating distinct national implications.

A business administrator proposes starting a consultancy company to help Latino-owned small businesses with financial consolidation and compliance. The AAO found no evidence the proposed endeavor would achieve substantial positive economic effects or significant employment potential at national or regional level.

Computational fluid dynamics researcher with advanced degree sought national interest waiver as EB-2. Petitioner proposed research on thermal management systems. AAO dismissed appeal, finding inadequate evidence of research success, sustained government funding interest, or detailed plan for advancing proposed endeavor.

A systems engineer sought NIW to design cybersecurity frameworks for U.S. energy and oil-gas infrastructure. The AAO dismissed the appeal, finding the proposed endeavor scope too broadly defined and implausible, and that general cybersecurity importance did not establish the specific endeavor's national importance.

Self-petitioner seeking to establish an IT security consulting firm in Florida claims national interest waiver. Petitioner demonstrated substantial merit of cybersecurity work but failed to show national importance; individual company services lack broader implications extending beyond clients to impact field, region, or nation at requisite level.

A microelectronics engineer with a master's degree sought EB-2 national interest waiver for research on hardware for AI data centers. The AAO found the proposed endeavor had substantial merit and national importance but concluded the petitioner lacked sufficient expertise advancement credentials and that waiving job requirements would not benefit the nation.

An accountant specializing in finance management sought NIW for a financial literacy education business. The AAO dismissed the appeal because the petitioner failed to define his specific proposed endeavor with sufficient detail and evidence, preventing assessment of national importance.

A tattoo artist sought EB-2 exceptional ability classification and national interest waiver. The AAO affirmed dismissal because the petitioner met only one of three claimed exceptional ability criteria; therefore, the underlying EB-2 classification was not established and national interest waiver Dhanasar prongs were not addressed.

AI Strategist Leader proposed integrating AI into business strategies to boost efficiency and innovation. AAO found proposed endeavor has substantial merit but lacks national importance because it lacks documented broader implications for industry or employment impact beyond general reliance on AI field importance.

Research scientist seeking EB-2 national interest waiver claimed advanced degree and waiver eligibility under Dhanasar framework. AAO dismissed appeal, affirming SCOPS' finding that petitioner failed first prong: proposed connectomics research insufficiently described; lacks demonstration of substantial merit, national importance, or prospective impact.

Data scientist with advanced degree pursuing PhD in Digital Transformation sought NIW for research on bio-inspired feature reduction algorithms. AAO found proposed endeavor had substantial merit and national importance but concluded petitioner lacked sufficient record of success or evidence to demonstrate being well positioned to advance the work. Appeal dismissed.

Pediatric resident with master's and medical degrees sought EB-2 NIW for translational research on fetal cardiology. AAO found national importance established but dismissed because petitioner lacked demonstrated record of research success, field attention, and current prospects needed to be well positioned.

Entrepreneur in trucking and logistics sought EB-2 NIW for truck business management consulting firm in Florida. AAO dismissed, holding proposed endeavor lacked national importance; general alignment with government initiatives and industry importance insufficient without evidence of specific innovations.

An engineer and applied scientist sought EB-2 NIW classification for work in artificial intelligence and machine learning. The AAO found the proposed endeavor lacked sufficient definition and failed to demonstrate national importance distinct from general field value, as required under Dhanasar. Appeal dismissed without addressing remaining prongs.

Certified investment analyst with advanced degree seeks EB-2 with national interest waiver. Claimed endeavor has national importance for U.S. investment and capital markets. AAO affirmed denial, finding endeavor lacks national importance; tailored consulting services lack broadly applicable measures and evidence of substantial economic ripple effects or national-level impact.

Post-doctoral fellow in industrial engineering and operations research sought EB-2 NIW for machine learning research. AAO found endeavor had substantial merit and national importance but petitioner lacked sufficient positioning to advance it. Appeal dismissed.

Assistant professor with Ph.D. in computer science proposing STEM research endeavor claiming national interest waiver. AAO dismissed appeal, finding petitioner not well-positioned to advance the endeavor; peer review is common academic activity, funding sources unclear, research citations narrowly circulated, insufficient evidence of feasibility or field impact.

Web developer and digital designer seeks NIW for EB-2 self-employment in web development and STEM training with free courses for underserved populations. Petitioner claimed alignment with national workforce shortage and STEM equity priorities. AAO dismissed, finding endeavor lacks national importance; field importance and general national goals do not establish specific endeavor's national importance.

A data scientist with advanced degrees in data analytics and related fields sought EB-2 classification with NIW. The AAO held his proposed work developing AI solutions for his employer, while beneficial to that employer, lacks the broad field-level national importance required under Dhanasar.

Electronics engineer in telecommunications seeks NIW for EB-2 self-employment in fiber optic services. Petitioner claimed national importance based on Federal Fiber to Home alignment. AAO dismissed, finding the specific endeavor lacks national importance despite working in important field; general industry alignment insufficient without evidence of broader prospective impact.

An electrician in industrial maintenance and automation sought NIW as EB-2 member of professions. AAO dismissed, finding the proposed endeavor lacks national importance under Dhanasar. Individual company consultancy services lack sufficient scale, employment potential, or economic effects to rise to national level.

Petitioner with high school diploma and two-year accounting diploma sought EB-2 with national interest waiver. AAO dismissed, finding petitioner failed to qualify as advanced degree professional because a two-year diploma plus work experience does not equal a bachelor's degree; experience cannot substitute for the required four-year baccalaureate degree.

Chief financial officer sought EB-2 national interest waiver for credit recovery services business with machine learning technology. AAO affirmed SCOPS denial, finding petitioner failed national importance prong despite business plans. Unsupported employment projections and lack of evidence showing technology improvements or national economic significance precluded eligibility.

A software engineer and systems researcher sought an NIW for autonomous vehicle research. The AAO found substantial merit in the proposed endeavor but dismissed the appeal because the petitioner failed to demonstrate he was well positioned to advance it, lacking evidence of progress or external support.