Published AAO appeal decisions

Machine learning engineer with advanced degree seeks NIW. Claimed AI research would advance field and generate healthcare savings with national importance. AAO found vague descriptions of intended research without specific details or documentation of prospective impact; working in important AI field alone insufficient without demonstrating specific endeavor's national importance.

IT auditor with advanced degree seeks NIW for cybersecurity and AI consulting endeavor. SCOPS revoked approval, concluding endeavor lacks national importance. AAO affirms that petitioner failed to demonstrate national importance; proposed work extends only to employer and customers without evidence of regional or national economic impact or innovation significance.

Cybersecurity entrepreneur proposed establishing a consulting company under EB-2 with NIW. AAO dismissed appeal, finding the proposed endeavor lacks sufficient national importance because services would not extend beyond the client base, provide substantial economic effects, or represent significant market share in the field.

A software engineer with a master's degree seeks EB-2 with NIW for cloud computing and STEM education contributions. SCOPS approved the underlying EB-2 and second prong but denied the waiver. The AAO dismissed because the proposed endeavor lacks sufficient national importance under Dhanasar's first prong.

A computer scientist filed successive motions to reopen and reconsider an EB-2 national interest waiver denial. The AAO dismissed the second motion, finding no new facts or legal errors; the petitioner confused prospective impact with past achievement and restated previously considered evidence without demonstrating that the proposed endeavor had national importance.

Postdoctoral researcher in wireless communications and networking seeking EB-2 NIW. SCOPS denied; first appeal found substantial merit and positioning but denied waiver on balancing prong. Motion to reconsider granted after AAO recognized Ph.D. in STEM field working on critical emerging technology as strong positive factor for national benefit under revised Dhanasar analysis.

A cybersecurity professional sought EB-2 NIW for work involving AI-powered threat detection and zero-trust architecture. The AAO found the proposed endeavor, though aligned with government priorities, lacks national importance because it would not demonstrate significant prospective impact on the industry or economy beyond the petitioner's prospective clients.

Cartography manager sought EB-2 NIW for GIS development and consulting project. AAO dismissed, finding no sufficient documentary evidence establishing the specific proposed endeavor has national importance or broader field impact despite working in important data technology sector.

Semiconductor equipment engineer sought NIW claiming to operate and maintain semiconductor manufacturing facilities. AAO dismissed because the proposed endeavor lacked sufficient specificity and detail; showing work in an important field alone does not establish national importance of the specific endeavor.

Platform Engineer II position in cloud infrastructure. Employer-sponsored EB-2 NIW petition. Petitioner established substantial merit but failed to show national importance of the specific endeavor; work benefited only the employer with no demonstrated broader implications or economic effects for the nation.

Cybersecurity and IT teacher seeks NIW for EB-2 advanced degree classification as IT professional. Claimed endeavor would reduce fraud and identity theft nationwide. AAO dismissed appeal, finding no demonstrated national importance or broad prospective impact beyond specific employers required under Dhanasar framework.

Senior AI researcher sought EB-2 NIW for research on disease prediction using biomedical data and modeling. AAO held specific endeavor lacks national importance; research field importance and petitioner credentials do not demonstrate broader industry or national impact.

Cybersecurity professional seeking EB-2 exceptional ability with NIW. Proposed founding cybersecurity consulting business. AAO affirmed denial: endeavor has substantial merit but lacks national importance; government strategy references address field broadly, not petitioner's specific proposed work.

A research scientist with Ph.D. in industrial engineering employed since 2021 sought EB-2 NIW for developing privacy-enhancing technology in digital advertising and healthcare. The AAO affirmed dismissal, finding inadequately documented prospective national importance. Though research has merit, the petitioner failed to demonstrate specific focus or impact rising to national importance. Later Dhanasar prongs were not reached.

IT executive seeking NIW for EB-2 proposed starting consulting company offering professional training courses and workshops. AAO found proposed endeavor lacks national importance because it addresses individual clients rather than advancing IT technologies or field broadly.

A computer systems professional with 15 years IT project management experience sought EB-2 national interest waiver. The AAO dismissed, affirming the director's finding that the petitioner failed to identify a specific proposed endeavor, discussing only past accomplishments and future educational plans without demonstrating how any specific endeavor would achieve national importance.

Telecommunications engineer proposed Florida-based consulting business under EB-2 with national interest waiver. AAO held proposed endeavor lacks national importance; local business serving physical therapy shortage does not demonstrate broader prospective impact required by Dhanasar.

Information technology professional proposed to establish an IT services company and sought EB-2 national interest waiver under Dhanasar. AAO dismissed, finding the proposed endeavor has substantial merit but lacks evidence of national importance or prospective economic impact at required level.

Pharmaceutical company petitioned for IT operations manager beneficiary under EB-2 national interest waiver. AAO dismissed appeal, finding proposed endeavor lacks national importance because work would not impact IT or pharmaceutical fields beyond the company and its clients, contrary to Dhanasar requirements.

Computer scientist seeking NIW for research on machine learning and high-performance computing convergence. AAO dismissed appeal, finding the proposed endeavor insufficiently specific to permit Dhanasar analysis and lacking demonstrated national importance or broader field impact.

Self-petitioner operating IT consulting cybersecurity company sought NIW under EB-2. AAO dismissed appeal, finding endeavor lacked national importance despite field importance; petitioner failed to show broader implications beyond immediate clients or level of economic impact meeting Dhanasar standard.

Technology company petitioned for EB-2 with NIW for program manager in software regulatory compliance. AAO dismissed, finding proposed endeavor lacked national importance. Evidence focused on field importance rather than beneficiary's specific work. Single employee role would not affect field broadly, significantly employ U.S. workers, or provide substantial economic effects.

A cybersecurity specialist seeking EB-2 with NIW to develop an AI framework for real-time threat detection aligned with national security priorities. Claimed the endeavor combats cyberattacks and fosters US competitiveness. AAO dismissed, finding insufficient evidence of broader industry or economic impact beyond his company and its clients.

A cybersecurity engineer with advanced degree sought EB-2 NIW. The director found underlying qualification met but no national interest waiver. The AAO affirmed dismissal, holding the proposed endeavor lacked national importance because routine cybersecurity work for individual clients lacks broader field or economic impact.

A general and operations manager seeking EB-2 with NIW to advance STEM technology projects. Claimed her endeavor aligned with Biden Administration priorities and involved important fields. AAO dismissed, finding insufficient evidence of the specific endeavor's national importance despite its work in important fields.