Published AAO appeal decisions

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.

Graduate research assistant in cybersecurity sought EB-2 with NIW for autonomous vehicle security research. AAO found substantial merit but dismissed because petitioner failed to establish national importance of specific proposed endeavor or demonstrate being well-positioned to advance it under Dhanasar framework.

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.

Computer security researcher sought EB-2 NIW to continue research on software security tools for consumer devices and services. AAO found endeavor has substantial merit but not national importance; evidence focused on petitioner's qualifications and field importance rather than proposed endeavor's prospective impact beyond employer.

Industrial engineering doctoral student and researcher seeks NIW for EB-2 classification to continue research on graph neural networks for environmental monitoring and real-time video processing. AAO found endeavor nationally important but petitioner lacked PhD-level credentials, demonstrated record of success in the field, concrete plan, or progress toward the specific endeavor; appeal dismissed.

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.

A researcher and assistant professor sought NIW for EB-2 under Dhanasar. The AAO agreed the proposed endeavor had substantial merit and national importance but concluded the petitioner was not well-positioned to advance it, lacking demonstrated influence, institutional support, or feasible funding for research plans.

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 advanced degree sought EB-2 NIW for data warehouse and machine learning research. AAO held proposed research lacked sufficient detail and documentation to demonstrate national importance beyond employer; relied on petitioner's own statements without corroborating evidence.

Software development entrepreneur seeking NIW for establishing company in United States. Claimed proposed endeavor has national importance through job creation and economic effects. AAO found endeavor lacks sufficient national importance; broad assertions about economic benefits insufficient. Appeal dismissed.

A computer engineer proposes privacy research in computing. AAO affirmed denial, holding proposed endeavor lacks qualitative contributions with national implications; merely adding incremental knowledge to field without demonstrating wide prospective impact fails Dhanasar national importance requirement.

A software developer and entrepreneur with a Ukrainian master's degree sought EB-2 NIW classification for an all-in-one technology agency serving startups and small businesses. The AAO affirmed denial, finding the endeavor had substantial merit but lacked national importance as the petitioner failed to demonstrate broader implications or significant economic effects without supporting evidence.

An applicant with advanced degree sought NIW EB-2 to develop blockchain and smart contract technologies for insurance, alongside academic teaching. The AAO dismissed the appeal, finding the endeavor had substantial merit but lacking national importance; the proposed product and teaching activities would not impact the field broadly enough.

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.

An industrial engineering developer of data models sought EB-2 with national interest waiver. The AAO affirmed denial because his on-the-job research lacked national importance, benefiting only his employer and customers without broader field implications; prior NSF funding does not establish national importance of new proposed endeavor.

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.

Petitioner holds advanced degree and seeks NIW for research developing fairer face recognition systems through synthetic data and bias mitigation. SCOPS found substantial merit but denied national importance. AAO affirmed dismissal, ruling petitioner conflated field importance with specific endeavor importance and lacked sufficient evidence of prospective impact.

An IT project manager with an advanced degree proposed work improving local government services through technology implementation. The AAO rejected her claim that this had national importance, finding her work would benefit only her employer and its clients without broader industry or regional implications.

Cryptography researcher pursuing PhD seeks EB-2 advanced degree and NIW for research developing secure communication and privacy tools. AAO found proposed endeavor has substantial merit and national importance. However, petitioner lacks documented postdoctoral position or specific employment commitment, failing to establish he is well-positioned to advance the work.

Computer science Ph.D. candidate proposed research in AI-enhanced network performance. AAO found proposed endeavor has substantial merit and national importance but rejected petition because petitioner lacks sufficient record of research success or progress to be well positioned to advance the work.

A senior artificial intelligence engineer sought an EB-2 national interest waiver for research in AI technologies for spatial-temporal understanding. The AAO dismissed, finding the petitioner established the first prong required substantial merit but failed to prove national importance of his specific proposed endeavor.

Software engineer and graduate student researcher in information technology seeking EB-2 advanced degree classification and national interest waiver for data security research integrating artificial intelligence and machine learning. Described endeavor in generalized terms without specific details, novel methodology, or demonstrated broad impact. AAO dismissed appeal; first Dhanasar prong not established.

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.