Published AAO appeal decisions

Petitioner seeks NIW as EB-2 member with advanced degree, proposing to provide real estate consulting services through his company. SCOPS found substantial merit but denied national importance and waiver. AAO upheld dismissal, finding petitioner failed to demonstrate broader field or economic impact rising to national importance level.

Electrical engineer sought NIW for research on power grid efficiency and sustainability. AAO dismissed appeal because proposed endeavor lacks national importance despite alignment with climate goals, and evidence demonstrates past qualifications rather than prospective impact of specific proposed work.

Electrical engineer with doctoral degree proposes power grid research on renewable energy integration. AAO found substantial merit and national importance met, but rejected well-positioned prong due to insufficient evidence of research success and impact, and rejected balance prong as contributions do not outweigh labor certification benefits.

A systems engineering specialist and IT entrepreneur sought NIW classification for a software solutions consultancy firm. The AAO remanded because the service center misidentified the endeavor as language education, failed to analyze evidence regarding national importance, and provided insufficient explanation of its findings, preventing meaningful appellate review.

Software developer seeks NIW for EB-2 to develop universal AI architecture addressing bias in algorithms. AAO dismissed appeal, holding the specific proposed endeavor lacks national importance despite alignment with important AI field; merely working in an important industry insufficient.

Graduate student in epidemiology sought EB-2 with national interest waiver for research on cancer and aging-related diseases. AAO found the proposed research endeavor had national importance but dismissed the appeal because the petitioner, as a student without principal investigator experience or concrete evidence of pursuing postdoctoral employment, was not well-positioned to advance it.

Aging services manager with recent advanced degree seeks EB-2 NIW to advance elder care nationally. AAO dismissed because petitioner failed to establish that proposed endeavor has national importance or that she is well-positioned to advance it; lacks innovation evidence, customer interest, or realized progress.

An electrical engineer with a foreign Master's degree sought EB-2 classification with national interest waiver. The AAO dismissed the appeal, finding the proposed research endeavor lacks the national or global implications required to establish national importance, and the petitioner is not well-positioned to advance it.

Machine learning engineer sought EB-2 with NIW for AI-driven smart vehicle manufacturing research. AAO dismissed because petitioner failed to demonstrate national importance of the specific proposed endeavor, conflating field importance with endeavor-specific impact under Dhanasar's first prong.

An accountant with advanced degree sought NIW under EB-2. Service center analyzed wrong proposed endeavor (electrical engineering instead of financial consulting). AAO remanded because the denial did not address the petitioner's actual endeavor, noting the accountant's proposed financial consulting work likely does not meet Dhanasar's three prongs.

Senior data analyst seeks NIW for EB-2 classification to develop machine learning models for diabetes risk prediction. AAO dismissed appeal, finding petitioner failed to demonstrate national importance of proposed endeavor and insufficient evidence of being well positioned to advance it despite holding master degrees and modest publication record.

An entrepreneur in language education and cultural immersion training sought an EB-2 NIW. The AAO agreed the endeavor had merit but found it lacked the specific detail, evidence, and prospective impact necessary to establish national importance under Dhanasar's first prong, which is dispositive.

Computer science researcher with master's degree in statistics seeks EB-2 national interest waiver for AI-driven medical imaging and prediction models development. SCOPS improperly evaluated first prong by conflating proposed endeavor with petitioner's employment history and applying second-prong factors. AAO remanded for reconsideration of whether specific endeavor has prospective national importance.

A graduate student in biomedical engineering seeks NIW for research on photoacoustic imaging in clinical settings. The AAO found the endeavor has substantial merit and national importance but dismissed because the petitioner did not demonstrate she is well-positioned to advance it, lacking a Ph.D., documented employment, or evidence of progress or investor interest.

An artificial intelligence researcher sought EB-2 with national interest waiver without labor certification. The AAO affirmed the service center's finding that the proposed research endeavor lacked the substantial merit and national importance required under Dhanasar's first prong, dismissing the appeal.

Secondary school teacher seeking NIW as EB-2 advanced degree professional to implement STEM program. Qualified for EB-2 but failed first Dhanasar prong: program benefits constrained to participating schools and students; scalability and alignment with federal priorities insufficient for national importance. Appeal dismissed.

AI robotics entrepreneur claims EB-2 exceptional ability. Petitioner meets advanced degree criterion but fails to meet three of six exceptional ability criteria required for classification. Bachelor's degree in aeronautics not demonstrated to relate to robotics endeavor. Comparable evidence for remaining criteria insufficient. Categorical ineligibility established; NIW not reached.

Graduate research assistant in cybersecurity sought EB-2 with NIW for autonomous vehicle security research. AAO found substantial merit but dismissed because petitioner failed to establish national importance of specific proposed endeavor or demonstrate being well-positioned to advance it under Dhanasar framework.

Supply chain consultant with advanced degree sought EB-2 classification and NIW. Petitioner claimed substantial merit and national importance of proposed supply chain consulting business. AAO agreed substantial merit established but found record did not demonstrate national importance; business impact limited to individual clients without broader economic or field-wide implications.

Aircraft maintenance technician sought EB-2 NIW classification. Petitioner claimed exceptional ability but lacked degree of expertise significantly above ordinary in the field. Proposed endeavor for aircraft repair facility and predictive maintenance technologies lacked evidence of national importance under Dhanasar framework; impact limited to local business.

Transportation inspector identified critical design flaw in helicopter system affecting 1000 worldwide units; seeks EB-2 NIW as technical consultant or instructor. AAO dismissed because petitioner failed to establish national importance by not clarifying proposed endeavor implementation, employment potential, or demonstrating how specific prospective work would have broader national implications.

Associate attorney holding advanced degree sought EB-2 NIW for continued practice in cross-border tax law and foreign investment facilitation. SCOPS granted advanced degree qualification but denied waiver. AAO affirmed: petitioner's field and experience are material to second prong but immaterial to first prong; specific endeavor lacks evidence of broader implications, job creation, or substantial economic effects constituting national importance. Appeal dismissed.

Entrepreneur with thirty-five years in mining sought EB-2 national interest waiver. The AAO dismissed, finding while substantial merit was established, the proposed mining services endeavor lacked national importance. Evidence showed intent to serve clients and expand geographically, but failed to demonstrate prospective impact sufficient to rise to national importance level.

Civil engineer seeking EB-2 with national interest waiver claims he will develop hydrologic and hydraulic models to forecast flooding impacts. AAO held he did not establish national importance of the specific proposed endeavor, as it showed no control over projects or implications beyond his employer; not well-positioned to advance it; appeal dismissed.

Transportation engineer with PhD in civil engineering claims national interest waiver for EB-2 advanced degree category. Proposed work involves predicting traffic accidents and implementing solutions. AAO found endeavor has substantial merit but lacks sufficient evidence of national importance and prospective impact; importance of the industry alone does not establish national importance of the specific endeavor.