Published AAO appeal decisions

Petitioner is a cybersecurity professional proposing to advance Internet of Things security in critical infrastructure. The AAO dismissed the appeal finding substantial merit but lacking national importance; petitioner's skills and client-focused work do not demonstrate broader implications rising to national importance level required.

A semiconductor technology researcher with a Ph.D. sought NIW under Dhanasar. USCIS denied, finding advanced degree qualification but failing all three Dhanasar prongs. AAO remanded, finding USCIS did not meaningfully evaluate the record or address petitioner's evidence.

Software engineer proposing AI infrastructure development for large language models advancing U.S. innovation seeks NIW under EB-2. AAO remanded because record was incomplete with illegible exhibits and SCOPS did not fully evaluate all three Dhanasar prongs. Petitioner to resubmit clear copies and articulate national importance and balance analysis.

A technology corporation sponsored an engineer for EB-2 with NIW to advance wireless RF digital module design. The petitioner failed to address the third Dhanasar prong (balance favoring waiver) including labor certification impracticality; the appeal arguments were limited and did not meaningfully contest the service center's denial. The appeal was dismissed as the third prong is dispositive.

Cybersecurity professional with Master's degree sought EB-2 national interest waiver without job offer. AAO affirmed denial, finding the proposed endeavor lacked national importance despite claimed expertise in enterprise platforms. Unsupported assertions about billion-dollar transactions and strategic alignment insufficient without corroborating evidence of specific prospective impact.

A research scientist with a master's degree in electrical and computer engineering sought an NIW for EB-2 classification. The AAO found the proposed endeavor had substantial merit and national importance but dismissed because the petitioner lacked a concrete plan and employment pursuit evidence to demonstrate he was well-positioned to advance it.

AI engineer self-petitioner sought NIW based on broad plans to advance AI and exponential technologies for healthcare and general use. AAO found no specific proposed endeavor: petitioner discussed general intentions without particularizing data-driven tools, efficiency gains, or LLM inference work. Appeal dismissed; favorable prong determinations withdrawn without specific endeavor.

Research engineer seeks NIW under EB-2 to conduct research in vehicle safety, renewable energy, and data centers. AAO dismissed, finding substantial merit but insufficient evidence of national importance; research activities limited to employer and clients without demonstrated broader implications.

Computer science PhD studying efficient AI model deployment met first Dhanasar prong on substantial merit and national importance. However, AAO found insufficient evidence of being well positioned to advance the proposed endeavor through citations, letters, and research record. Third prong not reached. Appeal dismissed.

A machine learning engineer with a master's degree sought EB-2 NIW for research into autonomous driving and robotics systems. The AAO confirmed he met the advanced degree requirement and that his endeavor had substantial merit, but rejected the petition because his proposed research lacked sufficient evidence of national importance under Dhanasar's first prong.

A computer scientist with master's degree sought an EB-2 national interest waiver for research in network architecture for data centers. The AAO dismissed, finding the petitioner established substantial merit but failed to prove national importance of the specific proposed endeavor despite industry relevance.

Semiconductor engineer with advanced degree in physics seeks EB-2 national interest waiver. Proposed developing semiconductor chips for telecommunications and computing. AAO found endeavor aligned with industry priorities but lacked demonstrated substantial national importance beyond incremental contributions. Appeal dismissed.

Research and development manager in software engineering from China working on machine learning for insurance industry risk assessment. Met first Dhanasar prong on substantial merit and national importance but failed second prong; citations and education alone insufficient to demonstrate well-positioned status. Appeal dismissed.

A Ph.D. student in informatics sought NIW for EB-2 classification with advanced degree. The AAO dismissed appeal after finding the proposed AI research endeavor lacks national importance. Field importance and STEM or critical emerging technology status alone do not establish specific endeavor's national importance.

Computer scientist with Ph.D. in computer and information engineering seeks NIW for EB-2 to conduct machine learning and optimization research. AAO sustained appeal, finding all three Dhanasar prongs satisfied because SCOPS misconstrued proposed endeavor and undervalued contributions to critical STEM technology advancement.

Machine learning engineer with PhD in electrical and computer engineering seeks NIW for EB-2 employment-based classification. Proposed research in safe and fair AI algorithms for autonomous and recommendation systems. AAO found research had national importance but petitioner lacked demonstrated position, track record, and plan to advance the specific endeavor; appeal dismissed.

An employer petitioned for an EB-2 national interest waiver for a machine learning engineer developing deep learning and NLP models. The AAO dismissed the appeal, finding the petitioner established substantial merit but failed to demonstrate that the specific proposed endeavor had national importance despite evidence of AI field importance.

A senior SoC researcher sought EB-2 NIW under Dhanasar. The AAO found substantial merit and national importance of his hardware security research but held he failed to show he is well-positioned to advance it, lacking contemporaneous evidence of impact or specific advancement plan.

Computer scientist with advanced degree proposed developing computer vision and large language models for drug discovery. AAO found SCOPS failed to adequately analyze whether endeavor has substantial merit and national importance, contained contradictory statements on second prong, and insufficiently analyzed third prong. Decision withdrawn and remanded.

Senior machine learning engineer proposes research on foundational model disentanglement and interpretability. AAO found the endeavor has substantial merit and national importance but rejected the petition because the petitioner failed to demonstrate she is well-positioned to advance it through sufficient record of success or influence in the field.

Senior software engineer with PhD in computer science proposes distributed query optimization research. AAO found the research endeavor meritorious but distinguished between proposed independent research and employer-specific benefits, finding the latter lacks national importance. Petition dismissed because petitioner failed second prong.

AI manufacturer petitioned for beneficiary's EB-2 national interest waiver. Beneficiary qualified for underlying EB-2 but failed NIW Dhanasar first prong; proposed work lacked demonstrated national importance and broader implications beyond company and clients.

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.

Computer scientist with master's degree in engineering proposed advancing AI research in deep learning for data analysis and virtual assistants. AAO found endeavor has substantial merit and national importance but petitioner is not well positioned to advance it due to insufficient record of success and impact. Appeal dismissed on second prong failure.

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.