Published AAO appeal decisions

Researcher in cybersecurity sought NIW under EB-2. AAO found his proposed AI-based research had national importance but dismissed because he lacked sufficient record of success and feasible plan demonstrating he could advance it as described in academic or industrial environment.

Computer science researcher seeking EB-2 with national interest waiver claimed substantial merit, national importance, and ability to advance research independently. AAO found the first prong met but dismissed the appeal because the petitioner failed to demonstrate he was well-positioned to advance the proposed endeavor.

Cybersecurity academy founder and CEO sought EB-2 NIW. AAO found proposed endeavor had substantial merit but lacked national importance; consulting activities insufficient in scale and impact to affect field, economy, or national security broadly.

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.

An entrepreneur and computer systems engineer sought NIW classification to operate an IT services company. The appeal was dismissed because the petitioner failed to establish the venture's national importance or that a waiver would benefit the United States, and also lacked advanced degree credentials as initially claimed.

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.

Research scientist sought EB-2 with national interest waiver for developing artificial intelligence technologies. Decision found proposed endeavor lacks sufficient detail and evidence to establish prospective national importance. Appeal dismissed on first prong failure.

AI researcher sought EB-2 classification with national interest waiver for research on information retrieval and natural language processing. SCOPS initially approved then revoked. AAO sustained appeal, finding petitioner established national importance of endeavor, demonstrated requisite expertise, and proved waiver would benefit the United States.

AI researcher seeking EB-2 with national interest waiver claimed substantial merit, national importance, positioning to advance, and balance favoring waiver under Dhanasar. AAO found first prong met but rejected second and third prongs: petitioner lacks completed degree, secured funding, or concrete employment plans; waiver not shown beneficial to United States.

A cybersecurity specialist seeks NIW as an EB-2 advanced degree professional. The AAO dismissed because the petitioner did not possess an advanced degree at filing and the proposed endeavor—personal career advancement—lacks the national importance required under the first Dhanasar prong.

Senior cloud security architect petitioned for EB-2 NIW by technology company. Petitioner claimed research on AI-driven cybersecurity architectures. AAO found substantial merit but insufficient specificity and no demonstrated national importance beyond employer and clients. Appeal dismissed.

An employer petitions for software engineer beneficiary for EB-2 NIW classification. SCOPS erred by analyzing prior work rather than proposed endeavor, and failed to apply STEM field guidance. AAO withdrew SCOPS decision and remanded for proper analysis of all three Dhanasar prongs with appropriate consideration of software engineering innovation.

Computer scientist researching AI applications in healthcare sought EB-2 national interest waiver. Proposed work on multimodal AI systems addressing healthcare transparency. AAO found proposed endeavor had substantial merit and national importance with global implications, applicant well positioned via expertise and prior government-funded research, and waiver beneficial to U.S. on balance given national security and competitiveness implications.

A machine learning research scientist sought EB-2 with national interest waiver. The AAO found him qualified as an advanced degree holder with substantial merit work, but dismissed the appeal because his specific proposed endeavor lacked proven national importance despite citations and research funding.

Artificial intelligence researcher with PhD seeks EB-2 national interest waiver. Claimed research endeavor has national importance based on field relevance, citations, and executive order support. AAO found endeavor lacks demonstrated national importance; articles and support letters insufficient to show broader prospective impact on the field itself.

Cloud software developer with master's degree in computer engineering seeking EB-2 advanced degree professional status with national interest waiver for machine learning research. AAO reversed service center on first prong but dismissed appeal because petitioner lacks sufficient track record and advancement capability beyond educational credentials alone.

Security engineer with advanced degree claimed national interest waiver for proposed cloud security research. AAO upheld denial, finding the specific endeavor lacked demonstrated national importance and presented material changes to initial proposal without clear prospective impact beyond the employer.

A systems engineer sought EB-2 national interest waiver for a proposed business providing supply chain management consulting to industrial and commercial companies. The AAO dismissed the appeal, finding the petitioner established exceptional ability but failed to demonstrate national importance of the specific business endeavor despite showing industry importance.

Semiconductor operations project manager with advanced degree sought EB-2 NIW. AAO affirmed denial, finding proposed endeavor to innovate chip testing lacks demonstrated national importance. Professional experience and industry importance insufficient; no evidence of broader sectoral or economic impact.

Senior engineer in AI research seeking NIW under Dhanasar framework for continued research on safe, autonomous AI systems. Service center's denial lacked complete analysis of evidence, made contradictory statements, and failed to address all arguments. Remanded for proper application of all three Dhanasar prongs with complete evidentiary analysis.

Research scientist with master's degree in electrical and computer engineering proposed to advance privacy-preserving IoT technology. AAO found the endeavor had substantial merit and national importance but concluded petitioner lacks concrete steps toward employment or demonstrated feasibility, failing the second Dhanasar prong.

A computer scientist proposed developing machine learning algorithms for precision medicine and drug discovery. Although the AAO found the endeavor had substantial merit and national importance, it affirmed the service center's finding that the petitioner failed to demonstrate she was well positioned to advance the research, lacking comparable evidence to established precedent.

IT professional petitioner sought NIW for proposed cybersecurity consulting and training company. AAO affirmed SCOPS denial, finding petitioner failed Dhanasar first prong: national importance lacks evidentiary support. Twelve-employee projection, general industry talent shortage, and letters insufficient to show substantial prospective impact. Second and third prongs reserved.

Machine learning researcher with master's degree sought EB-2 NIW. AAO found substantial merit and national importance of research and that petitioner was well positioned to advance it, but dismissed appeal because urgency of national interest was not established and labor certification remained practicable.