Published AAO appeal decisions

An employer petitioned for an assistant vice president's EB-2 classification with national interest waiver for developing machine learning and advanced analytics tools for market risk management. The AAO affirmed denial; while the work had substantial merit, employer failed to establish it had national importance or impact beyond the specific employer.

Product manager at gaming and streaming company seeks EB-2 NIW. Petitioner claimed endeavor has substantial merit via AI and ML innovation and cybercrime prevention. AAO affirmed Director's finding that endeavor lacks national importance; role's impact confined to employer without demonstrating broader industry implications or substantial economic effects.

A biostatistician sought EB-2 classification with NIW. The AAO affirmed dismissal, finding the petitioner qualified as advanced degree professional but failed to demonstrate national importance of the proposed endeavor. The testimony addressed field importance, not the specific endeavor's prospective impact.

Pharmaceutical company petitioned for EB-2 NIW for data engineer managing digital platforms, AI, machine learning, and clinical trial data. AAO held proposed endeavor lacks national importance; it benefits only employer and collaborators, not broader industry or economy nationally.

Cybersecurity professional sought EB-2 NIW for proposed work developing advanced payment security and fraud detection systems. AAO found substantial merit but concluded endeavor lacked national importance; work would not extend beyond prospective employers or customers to impact field broadly or produce substantial economic benefits.

Data scientist with doctorate in earth science sought EB-2 NIW for climate change research using dynamical theories and data analysis. Met all three Dhanasar prongs: endeavor has substantial merit and national importance, petitioner well positioned to advance it, and balance favors waiver given STEM expertise and contributions.

Petitioner with advanced degree proposes data analytics and AI solutions company for healthcare. Claimed national importance via government recognition of AI in healthcare and societal welfare impact. AAO affirmed dismissal; endeavor lacks demonstrable national importance; benefits confined to prospective clients without substantial positive economic effects.

Data analyst sought NIW claiming proposed endeavor in predictive analytics with vague research spanning fraud detection, healthcare, cybersecurity, and other areas. AAO dismissed, finding petitioner failed to articulate specific endeavor clearly or demonstrate national importance. Nebulous future research plans insufficient.

A data scientist employer-petitioner for EB-2 national interest waiver. Claimed proposed work in AI and technology would benefit national interest. AAO found endeavor lacks national importance—impact limited to employer and customers without broader field effects. Court reserved second and third prong analysis, dismissing appeal on first prong failure.

An enterprise architecture and data warehousing expert seeking EB-2 advanced degree classification with NIW proposed operating a consultancy in AI, machine learning, and cybersecurity. AAO held the specific proposed endeavor lacks national importance because evidence does not show how individual company would achieve national-level impact; appeal dismissed.

Market research and financial analyst seeks EB-2 with national interest waiver for new business providing market research and financial services. AAO dismissed because proposed endeavor lacks national importance; petitioner failed to demonstrate novel methodologies, research contributions, or prospective economic impact beyond clientele.

Market research analyst, business analyst, economist, and administrative manager self-petitioner sought EB-2 with NIW. Director found substantial merit but AAO affirmed dismissal on appeal, finding no national importance. Proposed market research and data analysis business lacked evidence of prospective impact beyond serving individual clients; failed to demonstrate broader implications.

Geoscientist and data scientist holding advanced degree seeking NIW. Petitioner proposed climate and groundwater modeling research with potential government decision-making and sustainability benefits. AAO held proposed endeavor lacks national importance despite field relevance; supporting letters addressed petitioner's qualifications, not endeavor's broader impact or employment potential.

Data programmer analyst with Master's degree in health informatics seeking NIW for EB-2. AAO dismissed, finding petitioner's proposed endeavor lacked national importance; work confined to single employer without documented broader field impact or substantial economic effects meeting Dhanasar threshold.

Data-integration consultant seeking EB-2 with national interest waiver. Claimed endeavor has substantial merit and national importance through broad industry impact. AAO found proposed endeavor lacks national importance because evidence does not demonstrate broader implications beyond employer and existing customers.

Data scientist sought EB-2 classification with NIW, proposing to provide data science services through his own company in Massachusetts. AAO dismissed appeal, finding the proposed endeavor lacked national importance because it would not sufficiently impact the field or U.S. economy beyond serving prospective clients.

Self-petitioner, data scientist and entrepreneur, claimed national interest waiver for EB-2 self-employment in data consultancy. AAO held proposed endeavor lacked sufficient evidence of national importance because it would not impact the field broadly or provide substantial economic effects beyond serving individual clients.

A data engineer and analyst sought EB-2 with national interest waiver for an AI-based health platform. The AAO found substantial merit but dismissed because the proposed endeavor lacked sufficient evidence of national importance; business projections alone without demonstrated broader field impact do not meet Dhanasar's first prong.

A business intelligence analyst with two master's degrees and over a decade of IT experience sought EB-2 national interest waiver. The AAO dismissed the appeal because the petitioner failed to meaningfully challenge the first prong finding and did not establish national importance.

Data scientist with master's degree in data science and entrepreneurial background petitioned for NIW. Claimed all three Dhanasar prongs. AAO found proposed endeavor has substantial merit and national importance for business analytics, petitioner well-positioned through education and experience, and waiver balanced beneficial to U.S. interests in STEM field.

A statistics researcher proposing to develop predictive models for cybersecurity and data analysis sought NIW. The AAO dismissed the appeal, finding the specific proposed endeavor lacked national importance under Dhanasar's first prong, as it would not impact the field broadly.

Business intelligence analyst seeking national interest waiver claimed endeavor providing data analysis services to small and medium enterprises would benefit U.S. economy. AAO dismissed, finding proposed work lacked national importance because benefits were narrowly confined to individual client revenue improvement without broader field or economic implications.

Data analytics specialist with advanced degree sought EB-2 with national interest waiver. The AAO found her proposed work lacked national importance because evidence did not show impact beyond her future employer and clients on the IT industry, data analytics field, or broader economy at national level.

Quantitative analytics researcher with Ph.D. in economics sought EB-2 national interest waiver to develop novel mathematical models for economic forecasting. AAO found substantial merit and national importance but concluded she lacked sufficient record of success and demonstrated positioning to advance the endeavor, failing the second Dhanasar prong.

Statistician with twenty years experience seeking NIW for advanced degree EB-2 in data science and market research. AAO dismissed appeal, finding proposed work lacks projected economic impact or job creation sufficient to establish national importance under Dhanasar first prong.