Published AAO appeal decisions

Software engineer with Ph.D. in electrical engineering seeks NIW for fraud detection platform development. AAO remanded, finding USCIS mischaracterized the endeavor as biomedical and failed to adequately analyze national importance, positioning, and balance prongs under Dhanasar framework.

A software developer with advanced degree claims NIW for low-code platform development work. AAO affirmed SCOPS' denial, finding the endeavor has substantial merit but lacks national importance, as supporting letters conflate field importance with specific endeavor impact and job creation claims lack corroboration.

Business development manager seeks NIW under EB-2 to create social networking platform enhancing local small business interactions. AAO dismissed, finding substantial merit but insufficient evidence of national importance; hiring four employees and claimed mental health benefits lack broader field implications.

An electrical products manufacturer sought EB-2 NIW for a software engineer developing manufacturing products. AAO affirmed denial, finding petitioner focused on company activities rather than demonstrating the beneficiary's specific endeavor has national importance, and record lacked sufficient detail on beneficiary's specific role.

Software developer and entrepreneur sought EB-2 with national interest waiver to establish software automation services firm in Florida. AAO dismissed the appeal, finding the proposed business lacked national importance because petitioner provided only unsupported assertions and business projections without demonstrating broader industry impact or substantial economic effects beyond serving individual clients.

Software engineer with master's in computer science sought EB-2 NIW for developing secure healthcare software. AAO held endeavor lacked national importance despite alignment with federal priorities, and petitioner not well-positioned without demonstrated interest from relevant parties or detailed plans.

Computer software engineer proposing manufacturing software company claiming STEM field status and broader implications for intelligent manufacturing. AAO held proposed endeavor fails national importance: business plan lacks credible location and employment data, financial projections unsubstantiated, no demonstrated broader implications beyond general industry importance.

Software development manager seeks NIW for EB-2 classification. Petitioner claimed endeavor has national importance for digital key management solutions in storage and government sectors. AAO dismissed appeal, finding endeavor has substantial merit but lacks national importance because impact is limited to employer and clients, not the broader storage industry or field.

Employer-sponsored NIW petition for driver information applications engineer beneficiary. AAO affirmed denial, finding petitioner failed to establish the beneficiary's proposed work has sufficient national importance; benefits limited to employer without broader field-wide implications.

A senior software engineer in automotive manufacturing sought NIW. Employer claimed the beneficiary's work on connected, efficient vehicles serves national interests. AAO found industry and STEM importance insufficient; specific prospective impact of individual's role was not demonstrated.

Software developer with advanced degree sought national interest waiver. AAO dismissed appeal, finding proposed software development lacked national importance; generalized publications about cybersecurity importance, vague hiring projections, and absence of documented specific endeavor impact insufficient.

A software engineer seeks EB-2 with national interest waiver to develop a secure video conferencing platform with AI-assisted features. He claimed the endeavor would drive economic growth and innovation but provided no evidence of national importance or broader industry impact. The AAO affirmed dismissal of the appeal.

Senior software engineer for digital entertainment company seeks EB-2 with NIW. Petitioner established substantial merit but failed to show national importance. Decision held that work maintaining secure payment platforms for single company, despite STEM context and field importance, lacks prospective impact of national significance.

Senior software engineer with master's degree in computer science seeks NIW for enterprise network security and cloud solutions development. AAO affirmed dismissal, holding proposed endeavor lacks national importance; work in important field insufficient; benefits to single employer inadequate for national importance.

Software engineer and researcher seeking NIW for EB-2 classification proposes health and nutrition app claiming national importance through healthcare cost reduction and improved outcomes. AAO held endeavor has substantial merit but lacks national importance; impact confined to particular clients without evidence of broader societal or economic implications at national scale.

Software engineer with master's degree seeking EB-2 advanced degree professional status with national interest waiver. Claimed proposed endeavor benefits field broadly with substantial economic effects. AAO dismissed appeal because specific endeavor lacks national importance and broader field implications beyond employer and customers.

Employer petitioned for senior software engineer beneficiary with advanced degree. Beneficiary proposed work on advanced computing architecture and user interface enhancements. AAO dismissed, finding proposed endeavor lacks national importance; working in important field insufficient, and no evidence of prospective impact beyond company benefiting broader economy.

Software quality assurance analyst with advanced degree sought EB-2 NIW classification. AAO held proposed endeavor lacked national importance under Dhanasar because petitioner's specific contributions were not shown to have prospective impact broader than employer or field importance generally.

Software developer sought NIW for self-proposed endeavor in software optimization and later cryptocurrency/robo-advisor services. AAO dismissed appeal because proposed endeavor lacks national importance; material changes to scope were not properly established; and petitioner lacked expertise in modified areas.

Software developer seeks NIW claiming field importance. AAO agreed petitioner failed to identify specific endeavor or demonstrate national importance; general assertions about software development do not establish impact beyond employer or customer base.

Information technology entrepreneur proposing work safety software company sought EB-2 NIW classification. AAO held endeavor lacked national importance under Dhanasar because petitioner failed to demonstrate how one company operation would impact field broadly or produce substantial economic effects at regional or national level.

An employer sponsored a senior software engineer for EB-2 with national interest waiver, proposing software engineering work on internal projects. The AAO affirmed dismissal, finding recommendation letters focused on beneficiary's individual performance and company benefits rather than demonstrating the endeavor's prospective national importance.

A quality assurance engineer sought EB-2 classification and national interest waiver for a teaching endeavor. The AAO affirmed denial, finding while the petitioner was well-positioned to teach, the proposed software QA education activities lacked national importance and would not impact the field broadly.

A senior software maintenance engineer with over 10 years of experience sought EB-2 classification as an individual of exceptional ability with national interest waiver. The AAO dismissed the appeal, finding the petitioner met only two of six evidentiary criteria and lacked the significantly above-ordinary expertise required for exceptional ability.

Software developer claimed his endeavor modernizing financial institutions through software solutions meets national importance for NIW. AAO found substantial merit but rejected national importance because impact limited to prospective employer or clients, not field broadly. Appeal dismissed.