Published AAO appeal decisions

Software developer sought EB-2 with national interest waiver for middleware development company. AAO held proposed endeavor lacked national importance: software applications served particular clients only, not broader industry; business plan showed minimal capital and no contractual commitments to demonstrate significant employment potential.

A software developer sought EB-2 national interest waiver, conceding advanced degree qualification. Claiming his Wyoming internet marketing company would reduce developer shortages and produce substantial economic effects, he failed to demonstrate national importance under Dhanasar. The AAO dismissed because the endeavor lacked broader industry implications and significant job creation potential.

Software developer engineer in test seeks EB-2 with NIW. AAO held the endeavor has substantial merit but lacks national importance because it benefits only the employer and does not ameliorate software engineer shortage broadly.

A software developer sought EB-2 NIW for healthcare-related software work. The AAO dismissed the appeal, finding the petitioner failed the first Dhanasar prong: evidence addressed general industry importance rather than the specific endeavor's prospective impact, and claimed economic effects were too localized to reach national importance.

Systems engineer sought NIW to develop business management software for small and medium-sized enterprises. AAO dismissed because petitioner failed to establish national importance of the specific endeavor: while evidence showed his qualifications, the software development focused on serving individual clients without broader industry or economic impact.

Musician and software engineer seeking NIW for music education technology venture. AAO dismissed appeal, finding substantial merit but no national importance; endeavor lacked innovation, employee creation plans, or industry-wide impact commensurate with national significance.

A software engineer with an advanced degree sought an EB-2 national interest waiver for work in the U.S. information technology field. The AAO dismissed because the engineer's proposed endeavor, though meritorious, lacked demonstrated national importance as it would not impact the IT field broadly.

Software quality assurance expert seeking EB-2 with national interest waiver claimed endeavor in consultancy and workforce training had national importance. AAO dismissed appeal, finding his proposed services lacked sufficient prospective impact beyond his company and clientele to rise to national importance level required by Dhanasar first prong.

Software developer and entrepreneur sought NIW under EB-2 advanced degree. Petitioner claimed his IT system integration services company would benefit the economy. AAO dismissed the appeal, finding the proposed endeavor lacked national importance as required by Dhanasar's first prong, declining to address the remaining prongs.

Software developer and color management technology inventor sought NIW as EB-2 advanced degree holder. Claimed endeavor had substantial merit and national importance. AAO affirmed denial, finding endeavor lacked national importance; impact limited to employer and industry partners without demonstrating significant prospective economic benefits or job creation.

Software developer seeking NIW for startup software company. AAO dismissed appeal, finding substantial merit but no national importance; applicant's work limited to individual clients without broader field impact or demonstrated substantial economic effects.

Software developer holding advanced degree sought national interest waiver for EB-2 self-employment endeavor. AAO dismissed appeal, finding proposed endeavor lacked national importance under Dhanasar framework; specific undertaking failed to demonstrate broader implications beyond local clients and business.

Software developer sought EB-2 NIW for property management software endeavor. AAO held the proposed endeavor lacks national importance despite substantial merit because petitioner failed to show specific prospective impact, economic benefits, or job creation, relying instead on general industry importance.

Computer software engineer seeking NIW for EB-2 advanced degree classification. Claimed endeavor has substantial merit and national importance through QA testing and instructor roles. AAO dismissed appeal, finding the proposed endeavor lacks nationally significant impact and petitioner failed to establish first Dhanasar prong.

Software developer sought EB-2 with national interest waiver. Claimed software engineering work for US company had substantial merit and national importance. AAO held proposed endeavor lacked specificity and national importance; no prospective impact beyond employer and clients; first prong of Dhanasar failed.

A software engineer with ten years of experience sought an EB-2 national interest waiver for work in cloud security and big data analytics. The AAO affirmed denial, finding his proposed endeavor lacked national importance because he provided no specific evidence of prospective impact extending beyond his own company or immediate clients to the broader industry or economy.

Software quality assurance engineer seeking EB-2 with NIW. AAO held proposed IT endeavor lacks national importance; merely working in STEM field without demonstrating specific technology advancement or broader impact insufficient. Appeal dismissed.

Senior software developer with Brazilian work history seeks EB-2 NIW. Claimed software development work has national importance. AAO held petitioner failed to show proposed endeavor has national importance; work serves limited clients without broader implications for field, and reliance on general occupation statistics insufficient.

A software developer sought a national interest waiver for EB-2 classification to start an IT consulting firm. The AAO dismissed the appeal, holding that while the endeavor had substantial merit, the proposed employment of eight workers lacked broader industry implications and substantial economic effects required for national importance.

A mechanical engineer and software programmer sought NIW to undertake business efficiency and manufacturing projects. The AAO dismissed the appeal, finding the petitioner demonstrated substantial merit but failed to show national importance, as the projects would only serve specific customers rather than impact the field or economy broadly.

A software engineer sought EB-2 NIW for Internet of Things research. The AAO found the proposed endeavor met Dhanasar's first prong with national importance. However, the petitioner failed the second prong: academic credentials and published research were insufficient to demonstrate he was well positioned to advance the endeavor.

Software developer with ten years experience seeks NIW for independent software development and possible game company. AAO dismissed appeal, finding proposed work lacks national importance beyond prospective employers and clients, and applicant lacks demonstrated success or concrete plan to advance the endeavor.

Software developer with overseas experience sought EB-2 with national interest waiver. AAO held he failed to meet three exceptional ability criteria and failed first and third Dhanasar prongs, dismissing the appeal.

Software engineer sought NIW for EB-2 classification. Petitioner claimed software development for U.S. companies would benefit national economy. AAO held the proposed endeavor lacks national importance because it would benefit only immediate employers and clients without broader industry or economic implications.