Published AAO appeal decisions

A telecommunications specialist sought EB-2 NIW classification. While his field is nationally important, the decision found his specific proposed endeavor in rural broadband consultation lacked sufficient national importance. Evidence showed industry importance but not his distinct contribution or connection to state projects.

A systems analyst in IT sought NIW classification claiming deeply different services than ordinary analysts and critical breakthroughs in e-commerce security. The AAO dismissed, adopting the director's finding that the proposed endeavor lacked national importance; the petitioner's contributions to fraud prevention and autotech were not substantiated and did not demonstrate impact on the IT field broadly.

A research scientist pursuing a Ph.D. in advanced computing sought an EB-2 national interest waiver. The AAO sustained the appeal, finding the proposed research in machine learning and process optimization has substantial merit and national importance, the petitioner is well-positioned to advance it given his expertise and track record, and waiving the job offer requirement would benefit the United States.

Software developer entrepreneur seeking NIW. Claimed substantial merit and national importance of IT consulting business. AAO found endeavor substantially meritorious but lacked national importance because benefits would not extend beyond the business itself to broader field impact.

Information technology systems specialist sought EB-2 with national interest waiver for IT infrastructure services business. AAO found substantial merit but not national importance; projected revenue and employment figures insufficient to demonstrate substantial economic effects or broader industry impact.

IT project manager seeking EB-2 exceptional ability classification and NIW. Failed to meet three of six regulatory criteria for exceptional ability including membership and recognition. AAO concluded expertise does not stand out in field and dismissed appeal without reaching NIW Dhanasar analysis.

IT project manager sought EB-2 advanced degree with NIW. AAO affirmed denial: petitioner qualified for EB-2 but failed first Dhanasar prong; proposed endeavor lacked national importance, benefiting only employer and clients without establishing broader economic effects or job creation.

IT entrepreneur seeking NIW for EB-2 classification. Proposed cybersecurity services business plan. AAO dismissed appeal because endeavor lacked demonstrated national importance despite operating in important field; job creation and regional expansion did not show prospective impact rising to national significance under Dhanasar.

A video game designer and entrepreneur sought EB-2 classification as an advanced degree professional and national interest waiver. The AAO affirmed denial because the proposed endeavor lacked national importance under Dhanasar; credentials and professional experience alone cannot establish the specific endeavor's national significance.

Computer network architect seeks EB-2 exceptional ability and NIW. AAO affirmed denial, finding petitioner met only one of six exceptional ability criteria. NIW not reached on merits; first prong failed because specific endeavor lacks prospective national importance beyond company scope.

Company petitioning for NIW to employ beneficiary as cybersecurity expert. Director and AAO found beneficiary met advanced degree requirement but endeavor lacked national importance. AAO affirmed, finding work lacks sufficient broad impact despite substantial merit, similar to STEM teaching precedent.

Software engineer and IT specialist sought EB-2 NIW to develop novel custom software and assist U.S. companies in digital transformation. AAO held the specific endeavor lacks national importance; importance of information technology and unsupported assertions of fundamental contributions insufficient without evidence of broader prospective impact.

An IT specialist and entrepreneur sought an EB-2 national interest waiver for custom ERP software development. The AAO dismissed, finding the business plan lacks sufficient evidence that custom software development would have national importance or substantially advance the IT field or U.S. competitiveness.

Computer systems consultant and entrepreneur sought NIW for EB-2. He proposed consulting services with claimed job creation and revenue projections. AAO held the specific endeavor remained vague and lacked prospective national impact; projected revenue and job creation insufficient to establish national importance.

A cybersecurity entrepreneur from Brazil sought EB-2 NIW for a software and cybersecurity services business. The AAO dismissed the petition because the petitioner lacked categorical EB-2 eligibility and failed to demonstrate the proposed endeavor had national importance; anticipated job creation was unclear and lacked substantial prospective economic impact.

Information technology entrepreneur seeks NIW for EB-2. Petitioner proposed data analytics consulting helping small businesses use cutting-edge tools. AAO dismissed appeal, finding working in important field insufficient to establish national importance; no corroborating evidence of client scope, growth claims, or impact extending beyond himself and clients to broader field or economically depressed areas.

Information technology consultant with advanced degree sought NIW for software development and tracking technologies consulting company. AAO held petitioner failed to establish national importance because his proposed endeavor lacks broader implications for the field or substantial positive economic effects beyond client services.

A cybersecurity analyst with MBA sought EB-2 national interest waiver. The AAO agreed the proposed endeavor had substantial merit but found no national importance: it would impact only individual clients and customers without demonstrating broader industry implications or implementation strategy. Appeal dismissed.

An IT consultant with an advanced degree sought EB-2 and NIW. The Director approved the underlying advanced degree classification but denied the waiver. The AAO dismissed the appeal, finding the petitioner's proposed IT consulting business lacked evidence of national importance under the first Dhanasar prong.

An IT consultant entrepreneur sought EB-2 and NIW. AAO dismissed appeal, finding the proposed IT consulting business lacks national importance despite the field's relevance to national security and growth. Applicant provided insufficient evidence of broader field impact or substantial economic effects.

Computer systems manager with 10+ years experience and bachelor's in computer science sought NIW for EB-2. Proposed to start business creating 84 jobs with five-year revenue projections. AAO dismissed because business plan lacked evidence that national importance threshold was met; job creation and wages alone do not establish prospective impact on IT industry.

Chief technology officer with advanced degree sought national interest waiver for EB-2 classification. AAO dismissed appeal because petitioner failed to establish national importance of specific proposed endeavor; submitted evidence of IT industry importance and general CTO role significance without demonstrating broader field implications.

An IT entrepreneur seeking EB-2 with NIW. AAO dismissed the appeal, holding the proposed endeavor lacked national importance under Dhanasar's first prong because the petitioner failed to establish how specific services would resolve IT worker shortages or create impacts rising to national importance, relying improperly on industry importance rather than endeavor specifics.

Computer user support specialist seeks NIW for EB-2. Petitioner asserted expertise and field importance; claimed endeavor to help organizations implement IT systems nationally. AAO dismissed appeal, finding no evidence the specific endeavor extends beyond client organizations to impact IT industry or economy broadly at national importance level.

A computer network manager proposed advancing his career and disseminating knowledge to field professionals, claiming STEM field status and regional-national impact. The AAO held his endeavor lacks national importance because benefits are limited to employer and clients without probative evidence of broader field impact or job creation details.