Published AAO appeal decisions

A graduate student in biomedical engineering seeks NIW for research on photoacoustic imaging in clinical settings. The AAO found the endeavor has substantial merit and national importance but dismissed because the petitioner did not demonstrate she is well-positioned to advance it, lacking a Ph.D., documented employment, or evidence of progress or investor interest.

Computer scientist with master's degree in engineering proposed advancing AI research in deep learning for data analysis and virtual assistants. AAO found endeavor has substantial merit and national importance but petitioner is not well positioned to advance it due to insufficient record of success and impact. Appeal dismissed on second prong failure.

An artificial intelligence researcher sought EB-2 with national interest waiver without labor certification. The AAO affirmed the service center's finding that the proposed research endeavor lacked the substantial merit and national importance required under Dhanasar's first prong, dismissing the appeal.

Computer scientist employed as engineering associate proposed developing proprietary software for AI safety and trust. AAO affirmed denial because proposed work lacked national importance, benefiting only the specific employer despite national footprint, even though petitioner was well positioned.

Attorney specializing in intellectual property and cybercrime seeking EB-2 NIW proposed consulting business with claimed job creation and tax benefits. AAO dismissed, finding endeavor lacks sufficient national importance and evidence does not demonstrate broader impact on field beyond specific business and clients.

Secondary school teacher seeking NIW as EB-2 advanced degree professional to implement STEM program. Qualified for EB-2 but failed first Dhanasar prong: program benefits constrained to participating schools and students; scalability and alignment with federal priorities insufficient for national importance. Appeal dismissed.

AI robotics entrepreneur claims EB-2 exceptional ability. Petitioner meets advanced degree criterion but fails to meet three of six exceptional ability criteria required for classification. Bachelor's degree in aeronautics not demonstrated to relate to robotics endeavor. Comparable evidence for remaining criteria insufficient. Categorical ineligibility established; NIW not reached.

Graduate research assistant in cybersecurity sought EB-2 with NIW for autonomous vehicle security research. AAO found substantial merit but dismissed because petitioner failed to establish national importance of specific proposed endeavor or demonstrate being well-positioned to advance it under Dhanasar framework.

Physician-researcher proposing cancer research claims national interest waiver. AAO found first prong met: research has national importance. However, second prong failed: evidence from references lacked specific examples of research impact or progress, and citation metrics did not adequately demonstrate exceptional success.

A drug addiction treatment center petitioned for an EB-2 national interest waiver for an IT operations manager beneficiary. The AAO affirmed denial, finding the proposed endeavor lacked national importance; recommendation letters focused on the beneficiary's individual qualifications and organizational impact only, not industry-wide or profession-wide benefit.

Supply chain consultant with advanced degree sought EB-2 classification and NIW. Petitioner claimed substantial merit and national importance of proposed supply chain consulting business. AAO agreed substantial merit established but found record did not demonstrate national importance; business impact limited to individual clients without broader economic or field-wide implications.

Aircraft maintenance technician sought EB-2 NIW classification. Petitioner claimed exceptional ability but lacked degree of expertise significantly above ordinary in the field. Proposed endeavor for aircraft repair facility and predictive maintenance technologies lacked evidence of national importance under Dhanasar framework; impact limited to local business.

Transportation inspector identified critical design flaw in helicopter system affecting 1000 worldwide units; seeks EB-2 NIW as technical consultant or instructor. AAO dismissed because petitioner failed to establish national importance by not clarifying proposed endeavor implementation, employment potential, or demonstrating how specific prospective work would have broader national implications.

Associate attorney holding advanced degree sought EB-2 NIW for continued practice in cross-border tax law and foreign investment facilitation. SCOPS granted advanced degree qualification but denied waiver. AAO affirmed: petitioner's field and experience are material to second prong but immaterial to first prong; specific endeavor lacks evidence of broader implications, job creation, or substantial economic effects constituting national importance. Appeal dismissed.

Entrepreneur with thirty-five years in mining sought EB-2 national interest waiver. The AAO dismissed, finding while substantial merit was established, the proposed mining services endeavor lacked national importance. Evidence showed intent to serve clients and expand geographically, but failed to demonstrate prospective impact sufficient to rise to national importance level.

Civil engineer seeking EB-2 with national interest waiver claims he will develop hydrologic and hydraulic models to forecast flooding impacts. AAO held he did not establish national importance of the specific proposed endeavor, as it showed no control over projects or implications beyond his employer; not well-positioned to advance it; appeal dismissed.

Transportation engineer with PhD in civil engineering claims national interest waiver for EB-2 advanced degree category. Proposed work involves predicting traffic accidents and implementing solutions. AAO found endeavor has substantial merit but lacks sufficient evidence of national importance and prospective impact; importance of the industry alone does not establish national importance of the specific endeavor.

Industrial engineer with Ph.D. seeking EB-2 NIW for developing advanced three-dimensional AI chips. Qualified for underlying EB-2 but failed first Dhanasar prong: proposed endeavor lacks demonstrated substantial merit and national importance. AAO affirmed denial without reaching remaining prongs.

Mechanical engineer seeking EB-2 NIW for renewable energy research. AAO found proposed endeavor meets first prong: substantial merit and national importance in solar power advancement. However, petitioner not well positioned to advance it; published research lacks demonstrated industry impact and no continued research documented post-degree. Appeal dismissed.

Graphic designer seeks NIW classification. Proposed multiple inconsistent endeavors including consulting, training, nonprofit work, and design roles. AAO found petitioner shifted plans and failed to provide consistent, coherent, specific description supported by independent evidence. Appeal dismissed.

Chemical engineering graduate student seeks NIW for research designing materials for PFAS water purification. AAO found first prong met but rejected second prong, concluding citations and publications alone insufficient to show field influence and well-positioning.

A systems engineer sought a national interest waiver for EB-2 classification. The AAO dismissed, finding the petitioner failed to establish the national importance of the proposed consulting endeavor under the first Dhanasar prong, with broad claims and formulaic support letters lacking credibility.

Pilot sought EB-2 national interest waiver for aviation training endeavor. AAO found proposed work has substantial merit but lacks national importance under Dhanasar's first prong. Letters of support insufficient; no evidence of broader industry impact or substantial positive economic effects. Second and third prongs not reached.

An internal medicine resident with advanced degree sought EB-2 NIW for interventional cardiology research. The AAO found the proposed research had substantial merit and national importance under the first Dhanasar prong. However, the second prong failed because letters of support lacked specific examples of how the petitioner's work affected clinical practice or demonstrated sufficient success warranting waiver of labor certification.

Commercial bank manager with 30 years experience sought EB-2 NIW classification under Dhanasar framework. AAO affirmed that proposed endeavor, though substantially meritorious, lacked national importance. Evidence showed company sales projections and job creation at 16 employees but failed to demonstrate substantial positive economic effects at national level required by Dhanasar.