Published AAO appeal decisions

Computer scientist employed as engineering associate proposed developing proprietary software for AI safety and trust. AAO affirmed denial because proposed work lacked national importance, benefiting only the specific employer despite national footprint, even though petitioner was well positioned.

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.

AI algorithm developer sought EB-2 with national interest waiver for U.S. work. SCOPS found substantial merit and national importance but concluded insufficient evidence of qualification to advance endeavor and that waiver would benefit U.S. AAO remanded because petitioner's employment circumstances changed materially since filing; clarification needed on how endeavor will be pursued.

Industrial engineer with Ph.D. seeking EB-2 NIW for developing advanced three-dimensional AI chips. Qualified for underlying EB-2 but failed first Dhanasar prong: proposed endeavor lacks demonstrated substantial merit and national importance. AAO affirmed denial without reaching remaining prongs.

Ph.D. student in computer science pursuing generative AI research sought NIW under Dhanasar. AAO found proposed endeavor had substantial merit and national importance, but petitioner failed second prong: insufficient evidence of being well positioned to advance research through citations, progress, or field recognition.

Senior security researcher seeks NIW for cybersecurity innovations. AAO dismissed finding proposed endeavor lacks national importance; work benefits only specific employers and clients without broader field or national security implications.

A research and design engineer supporting U.S. defense and aerospace industries sought EB-2 national interest waiver. The AAO found his proposed endeavor has national importance, he is well positioned to advance it through relevant education and experience, and the balance favors waiver given strategic national interests.

Computer scientist with master's degree seeking EB-2 national interest waiver for research on optimization algorithms in machine learning. AAO dismissed, finding proposed endeavor lacked national importance; evidence showed importance of field, not specific petitioner's work beyond employer.

A data scientist with a doctorate in computer science sought an EB-2 NIW by proposing AI-driven drug discovery research. The AAO reversed SCOPS' denial, finding the proposed endeavor clearly described with substantial merit and national importance, and remanded for reconsideration of whether the balance favors waiver.

A researcher in wireless charging technology for smartphones sought EB-2 NIW classification. The AAO dismissed the appeal, finding the petitioner established substantial merit and was well-positioned to advance the endeavor, but failed to demonstrate national importance. Letters lacked corroboration and specific evidence of broader impact on industry, economy, or national security.

Graduate student researcher in artificial intelligence claimed exceptional ability and national interest waiver. Service center denied without analyzing national importance or waiver discretion. AAO remanded for complete Dhanasar analysis, finding service center misidentified the proposed endeavor and failed to assess specificity and prospective impact.

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.

A telecommunications researcher with doctorate proposed advancing machine learning and deep learning research under EB-2 national interest waiver. AAO found her endeavor met national importance but dismissed appeal because publications, nominal peer reliance, and limited demonstrated funding responsibility failed to show she was well positioned to advance it.

A research scientist with a PhD in computer science sought EB-2 NIW for AI research in multimodal machine learning. SCOPS denied NIW but approved advanced degree qualification. The AAO reversed, finding all three Dhanasar prongs met: substantial merit and national importance in AI, petitioner well-positioned, and waiver balances beneficially for the United States.

An advanced degree professional in a STEM field proposes an endeavor with substantial merit and national importance. The AAO remanded because the service center improperly analyzed whether the petitioner is well-positioned to advance the endeavor and failed to adequately explain the balance-of-benefits analysis under Dhanasar.

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.

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.

Senior cloud security architect petitioned for EB-2 NIW by technology company. Petitioner claimed research on AI-driven cybersecurity architectures. AAO found substantial merit but insufficient specificity and no demonstrated national importance beyond employer and clients. Appeal dismissed.

An employer petitions for software engineer beneficiary for EB-2 NIW classification. SCOPS erred by analyzing prior work rather than proposed endeavor, and failed to apply STEM field guidance. AAO withdrew SCOPS decision and remanded for proper analysis of all three Dhanasar prongs with appropriate consideration of software engineering innovation.

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.

Senior engineer in AI research seeking NIW under Dhanasar framework for continued research on safe, autonomous AI systems. Service center's denial lacked complete analysis of evidence, made contradictory statements, and failed to address all arguments. Remanded for proper application of all three Dhanasar prongs with complete evidentiary analysis.

A computer scientist proposed developing machine learning algorithms for precision medicine and drug discovery. Although the AAO found the endeavor had substantial merit and national importance, it affirmed the service center's finding that the petitioner failed to demonstrate she was well positioned to advance the research, lacking comparable evidence to established precedent.

Machine learning researcher with master's degree sought EB-2 NIW. AAO found substantial merit and national importance of research and that petitioner was well positioned to advance it, but dismissed appeal because urgency of national interest was not established and labor certification remained practicable.

A public health informatics fellow sought EB-2 NIW classification for self-petitioned waiver. The applicant held an advanced degree but failed to demonstrate national importance of the specific proposed endeavor in the Dhanasar first prong. The appeal was dismissed without addressing other prongs.