Published AAO appeal decisions

Cybersecurity researcher seeks EB-2 NIW. Claimed field importance and connection to national cybersecurity interests establish national importance of proposed research. AAO dismissed, holding national importance requires prospective impact on field more broadly; research focused on completing doctorate lacks defined, nationally important employment endeavor.

IT specialist proposes establishing technical solutions consultancy for small business clients in accounting, finance, and operations. Petitioner claimed national importance through job creation and economic development. AAO held the endeavor lacks national importance because impact limited to individual clients, not industry-wide.

IT specialist seeks NIW for consultancy business in computer systems management. Petitioner claimed national importance through job creation and economic effects. AAO dismissed appeal, finding proposed endeavor lacks demonstrated national impact beyond serving individual clients despite operating in important field.

High technology consultant seeking EB-2 with NIW claimed endeavor had substantial merit and national importance. AAO held proposed predictive maintenance and artificial intelligence consulting services lacked sufficient evidence of significant economic benefits or broad impact beyond company clientele.

An IT entrepreneur sought EB-2 classification with a national interest waiver for his information technology consulting company. The AAO dismissed the appeal because the proposed endeavor lacked sufficient evidence of national importance and broader implications beyond the company's specific clientele.

An IT manager and entrepreneur sought EB-2 NIW to develop an IT infrastructure and database consulting firm. The AAO found substantial merit but rejected the claim of national importance because the projected employment and revenue would not significantly impact the IT industry broadly or an economically depressed area.

Self-petitioner seeking to work as IT specialist proposed collaborating with technology companies on IT services. AAO dismissed appeal, finding endeavor lacked national importance; petitioner conflated field importance with endeavor importance and failed to demonstrate specific prospective impact or economic effects.

An information technology professional consultant sought national interest waiver for EB-2 as individual of exceptional ability. AAO dismissed, finding petitioner failed to establish underlying EB-2 qualification and that proposed IT consulting endeavor lacks national importance beyond his own client base.

CEO and cofounder of AI-based minerals exploration company sought national interest waiver under Dhanasar. Met exceptional ability standard but failed first prong of NIW framework. Petitioner did not establish that specific proposed endeavor has national importance despite government reports on critical minerals.

Information technology professional sought national interest waiver to start consulting company in Florida. AAO held proposed endeavor has substantial merit but lacks national importance; projected revenue and job creation do not demonstrate substantial positive economic effects or broader field impact at national level.

Post-doctoral researcher in human-robot interaction sought national interest waiver for EB-2 classification. AAO found research had substantial merit and national importance but dismissed appeal on second prong, determining petitioner not well-positioned to advance the endeavor; citation history and Ph.D. insufficient without demonstrated government funding or primary grant leadership.

An IT project manager and entrepreneur sought EB-2 NIW for developing a parking finder mobile application to reduce traffic congestion. The AAO dismissed the appeal, finding the business plan did not demonstrate the endeavor would employ significant U.S. workers or produce substantial economic effects beyond servicing its own clients.

An artificial intelligence researcher with master's and Ph.D. degrees sought EB-2 NIW classification to advance machine learning algorithms for power system security. The AAO found all three Dhanasar prongs met: national importance of the endeavor, applicant's positioning, and net benefit to the United States. Appeal sustained.

IT service business owner from Brazil seeks EB-2 NIW. Claimed advanced degree status and entrepreneur importance in IT sector establish national importance and capacity to advance venture. AAO dismissed on first two prongs: proposed endeavor lacks prospective impact at national level; petitioner lacks sufficient customer interest or demonstrated progress establishing U.S. operations.

Computer systems networking entrepreneur sought EB-2 with NIW for IT consulting startup. AAO held he failed first Dhanasar prong: proposed endeavor, though in prioritized STEM field, lacked national importance because it would benefit direct clients and trainees only, not broader field implications.

Information security analyst seeking EB-2 NIW. Claimed expertise and cybersecurity work have national importance aligned with government initiatives. AAO held proposed endeavor lacks national importance; expertise and aspiration do not establish industry-wide or national implications beyond his own career and clients.

Information specialist claims EB-2 exceptional ability and national interest waiver for DevOps and database management work. AAO held petitioner failed to establish national importance of proposed endeavor; lacks sufficient evidence connecting work to prospective U.S. economic benefits or job creation.

Information technology and telecommunications entrepreneur self-petitioner seeking national interest waiver under EB-2. The AAO dismissed, finding the petitioner met underlying EB-2 requirements but failed to demonstrate national importance; proposed cloud and 5G infrastructure services were not differentiated from existing providers.

Electronic and civil engineer sought EB-2 with national interest waiver for IT consulting services. AAO dismissed appeal because proposed endeavor lacked national importance; general claims about industry growth insufficient without showing specific prospective impact.

A computer and information systems manager sought NIW for EB-2 classification. The AAO agreed he failed to establish that his specific proposed endeavor has national importance, despite working in an important IT field. The AAO also found he did not qualify as an advanced degree professional. Appeal dismissed.

IT consultant proposed establishing consulting business offering optimization and digital transformation solutions. AAO dismissed appeal, finding substantial merit but no national importance because services would not extend beyond clients to impact the IT field at national level.

An IT entrepreneur sought EB-2 with NIW to direct digital transformation services as CEO. AAO found he qualifies as advanced degree professional. However, his endeavor has substantial merit but not national importance; STEM employment alone does not satisfy Dhanasar; unsubstantiated job creation claims lack credibility.

IT specialist in storage administration and systems management sought NIW as EB-2 advanced degree professional. AAO affirmed denial, finding the specific proposed endeavor lacked national importance. Broad industry importance and worker shortage do not establish national importance of individual's specific work.

An IT manager and engineer sought EB-2 national interest waiver. The AAO agreed the petitioner held an advanced degree but found his proposed endeavor of providing IT services in Florida lacked national importance; it was regional, specific, and without broader implications.

IT project manager sought NIW as individual of exceptional ability. AAO dismissed appeal because petitioner met only two of six exceptional ability criteria (academic records and work experience); withdrawal of third criterion (professional membership) left petitioner below minimum threshold, and underlying eligibility failure precluded NIW analysis.