Published AAO appeal decisions

An aerospace quality engineer sought NIW claiming his work on quality standards and mentoring would benefit the aviation industry. The AAO dismissed the appeal because he failed to establish that his specific proposed endeavor had national importance beyond typical occupational duties.

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.

Biochemistry graduate student seeks NIW waiver for antibiotic resistance research endeavor. Service center denied waiver, finding advanced degree established but national importance and waiver benefit not shown. AAO remanded for fuller analysis of Dhanasar prongs, noting service center overlooked expert letters and inadequately addressed evidence.

Conflict resolution consultant with master's degree in global development and peace seeks NIW. AAO dismissed appeal because proposed endeavor, though with substantial merit, lacks sufficient evidence of broader field impact and qualitative significance required for national importance under Dhanasar.

Business development manager seeks NIW under EB-2 to create social networking platform enhancing local small business interactions. AAO dismissed, finding substantial merit but insufficient evidence of national importance; hiring four employees and claimed mental health benefits lack broader field implications.

A biomedical engineering graduate research assistant sought NIW EB-2 classification for livestock safety research. The AAO found the proposed endeavor had substantial merit and national importance but dismissed the appeal because the petitioner failed to demonstrate he was well positioned to advance the endeavor, lacking a demonstrated record of research success.

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.

Software engineer with master's in computer science sought EB-2 NIW for developing secure healthcare software. AAO held endeavor lacked national importance despite alignment with federal priorities, and petitioner not well-positioned without demonstrated interest from relevant parties or detailed plans.

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.

Engineer self-petitioned for EB-2 national interest waiver to develop machine-learning forecasting models for renewable energy. AAO found proposed endeavor has national importance but petitioner not well positioned to advance it. Matter remanded for reconsideration after petitioner provides additional evidence of demonstrated success in similar work.

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.

A researcher with a master's degree in electrical engineering sought EB-2 NIW for research in wireless charging technology for smartphones. The AAO confirmed the advanced degree requirement and substantial merit but rejected the petition because uncorroborated expert assertions about national importance were insufficient; the technology's impact was limited to employer, licensees, and customers, not national impact.

An entrepreneur seeking EB-2 classification with a national interest waiver filed a self-petition. The AAO dismissed the appeal of a motion to reconsider without reaching the merits, finding the beneficiary merely resubmitted the same arguments previously rejected rather than establishing error in the prior decision on motion.

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.

Education and public safety specialist seeks EB-2 NIW for proposed security services business and training company. Petitioner qualifies as advanced degree professional but failed to establish national importance of endeavor or evidence of success positioning her to advance it, thus ineligible for waiver.

Chemist seeking EB-2 with national interest waiver for research on biochemical processes for medical and energy applications. AAO found endeavor has substantial merit but lacks established national importance due to vague, inconsistent, and expansive claims. Appeal dismissed.

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.

A biochemist with a Ph.D. in Korean integrative medicine seeks EB-2 national interest waiver. The AAO agreed the proposed endeavor met the first Dhanasar prong but remanded because SCOPS inadequately analyzed the petitioner's h-index, citations, publications, and recommendations for the second prong.

Doctoral researcher in microbiology and bioinformatics sought NIW for EB-2 classification. AAO found proposed research endeavor had substantial merit and national importance, and petitioner was well-positioned to advance it, but dismissed motion to reconsider because petitioner failed to demonstrate expertise significantly above ordinarily encountered in field.

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.

Lawyer seeking EB-2 advanced degree classification and national interest waiver to establish legal consultancy for sustainable energy. Claimed substantial merit and national importance for Center for Legal Innovation in Sustainable Energy but failed to demonstrate national importance or specific improvements over existing initiatives. AAO dismissed appeal; first and third prongs not established.

Mechanical engineer researcher self-petitioner sought NIW under EB-2 for thermal battery development research. AAO affirmed first prong met but reversed on second prong, finding PhD degree and citations insufficient to demonstrate she is well-positioned to advance the proposed endeavor.