Published AAO appeal decisions

Computer systems manager with advanced degree seeking EB-2 national interest waiver to establish IT consulting company. AAO dismissed appeal, finding substantial merit established but national importance not demonstrated; company activities would benefit only its clients without broader implications for IT industry or significant employment impact.

Machine learning researcher with Ph.D. seeking NIW for EB-2 classification. Proposed algorithms and system optimization research. AAO held first prong met but petitioner failed second prong; education alone insufficient; lacked evidence of significant grant leadership, documented field impact, or sustained industry interest.

A software developer sought NIW for EB-2 classification. The AAO affirmed dismissal because the specific endeavor lacked national importance; merely working in STEM or on critical emerging technologies without demonstrating broader field impact or substantial economic effects does not suffice.

IT project manager with master's degree in information technology seeks NIW for EB-2 classification to manage IT projects and train workers. AAO dismissed appeal, finding endeavor substantial merit but lacking national importance; project management work does not demonstrate broader impact on IT field or substantial positive economic effects.

A computer scientist and instructor sought EB-2 NIW classification. The AAO affirmed the Director's finding that the petitioner qualified as advanced degree professional but failed the first Dhanasar prong because she did not present a specific proposed endeavor and her teaching activities lacked broader field impact.

A robotics engineer proposed establishing a U.S.-based company providing remote-control services and consulting. The AAO dismissed the appeal because the petitioner failed to establish that the proposed endeavor has national importance; generic field information and personal intentions do not demonstrate projected impact rising to substantial positive economic effects.

Application manager seeks NIW for EB-2 advanced degree classification. Proposed IT work providing services to organizations with important missions. AAO dismissed appeal, finding proposed endeavor lacks national importance; while petitioner was highly qualified and IT field important, no evidence showed specific proposed endeavor would impact IT field broadly or create substantial economic or employment benefits nationally.

A database engineer with MBA sought NIW for freelance work and founding an online IT school. AAO dismissed appeal, finding the proposed endeavor lacked national importance and petitioner was not well positioned to advance the online school despite having relevant experience and business background.

IT specialist seeking NIW to fill gap in skilled professionals. Petitioner established substantial merit but failed to demonstrate national importance; tentative job offers in project leadership lack documentary evidence of broader field impact beyond employer benefit.

Entrepreneur in IT seeking NIW for technology consulting for American companies. Claimed substantial merit and national importance given IT professional shortage. AAO dismissed because proposed consulting work lacked demonstrated national importance; benefits limited to applicant's company and individual clients without broader field impact.

Information technology specialist sought EB-2 national interest waiver. AAO dismissed appeal, finding proposed endeavor lacked national importance under first Dhanasar prong; petitioner focused on past achievements and field importance rather than specific prospective endeavor impact.

A systems engineer sought EB-2 national interest waiver for advanced degree. The AAO dismissed the appeal, finding the petitioner satisfied the first Dhanasar prong regarding substantial merit and national importance but failed the second prong: insufficient evidence he is well positioned to advance the proposed endeavor.

An information systems manager with advanced degree seeks NIW for EB-2 classification. She claimed her IT consulting and future business intelligence firm would benefit the U.S. economy through job creation and technological advances. The AAO dismissed the appeal, finding her proposed work lacks national importance and adequate documentation of prospective economic impact.

IT project manager sought NIW as EB-2 advanced degree professional. AAO found proposed work in security, IT and fire solutions had substantial merit but lacked evidence of national importance or specific prospective impact. Appeal dismissed for failure to meet first prong of Dhanasar.

An ICT consultant and professor sought NIW under EB-2. The AAO found the proposed endeavor lacked national importance, as the regulatory record did not show impact beyond individual clients and students; benefits did not rise to substantial positive economic effects. Appeal dismissed.

IT project manager sought NIW based on EB-2 advanced degree. AAO found she qualified for underlying EB-2 but dismissed NIW appeal because her proposed IT consulting and research tool development lacked evidence of national importance or broader field impact beyond her employers and clients.

Information systems manager sought exceptional ability classification and national interest waiver for EB-2. AAO dismissed appeal because petitioner failed to describe specific proposed endeavor with national importance, merely asserting occupation-level expertise; also failed to show waiver's balance favored United States.

Entrepreneur seeks NIW and exceptional ability classification. AAO found he did not meet exceptional ability criteria and lacked evidence of national importance for proposed IT entrepreneurship work. Appeal dismissed because specific endeavor lacks substantial national importance.

Electrical engineer seeks NIW for EB-2 based on advanced degree. Petitioner proposed research on computer network frameworks. AAO found proposed endeavor had substantial merit and national importance under Dhanasar prong one. However, AAO held petitioner failed prong two: insufficient evidence demonstrated he was well positioned to advance the research despite Ph.D., publications, and citations. Appeal dismissed.

Software developer seeks NIW for web system design and development. AAO held while software development has substantial merit, work lacks national importance because it benefits only employer and its users without broader impact on IT field or U.S. economy through job creation or economic effects.

Computer science researcher sought national interest waiver for EB-2. Petitioner claimed substantial merit and national importance of system software research, capability to advance it, and favorable balance for U.S. benefit. AAO sustained, finding all three Dhanasar prongs met based on documented research impact and expertise.

A computer engineering researcher with a Ph.D. sought a national interest waiver under Dhanasar. The AAO found his proposed high-performance computing research had substantial merit and national importance but that he failed the second prong, having not demonstrated sufficient impact or interest among peers, and thus dismissed the appeal.

Post-doctoral researcher in computer-aided drug discovery sought EB-2 with national interest waiver. AAO found proposed research had substantial merit and national importance but dismissed appeal, holding petitioner not well-positioned to advance business endeavor; insufficient evidence of company interest or investor support.

Research and development engineer sought EB-2 national interest waiver. Petitioner established advanced degree and was well positioned to advance proposed engineering and software work. However, failed to demonstrate prospective impact beyond company clients sufficient for national importance. Appeal dismissed.

An automation and optimization supervisor sought EB-2 classification with NIW under Dhanasar. The AAO found he qualified as advanced degree professional but rejected the NIW, determining his proposed SAP project work lacks national importance beyond his employer and that waiving the job offer requirement would not benefit the United States.