Published AAO appeal decisions

Director of facilities and engineering in pharmaceutical manufacturing seeks EB-2 NIW. SCOPS found petitioner met underlying EB-2 requirement. AAO held petitioner's proposed endeavor lacks national importance; past experience and planned mentoring insufficient to establish broader industry impact required under Dhanasar.

Interpretation services provider sought EB-2 NIW for organization serving neurodiverse families with specialized support in native languages. AAO agreed the endeavor had substantial merit but found it lacks national importance; petitioner provided ambitiously expansive objectives without demonstrating how services would impact healthcare or education fields or achieve national-level significance.

A university sponsored a clinical assistant professor of dentistry for an EB-2 national interest waiver to develop integrated clinical education and research. The AAO found the advanced degree requirement met but dismissed the appeal because the proposed endeavor lacks national importance, with benefits limited to institutional and student levels, not broader field or economic impacts.

Quantitative researcher with doctorate in statistics seeks NIW for EB-2 classification to develop statistical methodologies for big data research. AAO dismissed appeal, finding proposed endeavor lacks national importance; work restricted by employer covenants and lacks dissemination beyond employer and clients.

An entrepreneur seeking EB-2 classification with a national interest waiver filed a self-petition. The AAO dismissed the appeal of a motion to reconsider without reaching the merits, finding the beneficiary merely resubmitted the same arguments previously rejected rather than establishing error in the prior decision on motion.

A designer and entrepreneur seeks EB-2 national interest waiver for AI-powered user experience and smart footwear technology. The AAO dismissed because although the endeavor has substantial merit in technology and business, the petitioner failed to establish its national importance, presenting vague claims across multiple industries without sufficient focused prospective impact.

A pilot seeks EB-2 national interest waiver. The AAO dismissed a prior appeal finding no national importance. The motion to reopen, based on filing a subsequent petition, provides no new material facts established at the time of the original filing, so the motion is dismissed.

A postdoctoral scholar in civil and environmental engineering proposed research on traffic safety and autonomous vehicles under NIW. The AAO found working in a nationally important field insufficient and concluded the petitioner did not demonstrate the proposed endeavor itself has national importance or broader field impact. Appeal dismissed.

A software developer in cybersecurity sought NIW to operate a consulting firm offering cybersecurity services to education, finance, and data protection sectors. The AAO affirmed dismissal because the petitioner failed to establish that the company's endeavor would have national importance, relying instead on general cybersecurity field importance without evidence of specific prospective impact.

Clinical laboratory scientist proposes AI forecasting models to address blood-bank shortages. AAO held endeavor has national importance but petitioner not well positioned to advance it: lacks demonstrated AI capabilities, formal machine learning education, and progress evidence despite prior statistics coursework and media attention.

Project engineer seeks national interest waiver for EB-2 classification. Business plan proposed personalized training in project engineering with claims of reducing reliance on foreign contractors. AAO found endeavor substantially meritorious but lacked national importance because benefits were specific to employer rather than having broader implications for the field.

Business management consultant with advanced degree seeks NIW. Petitioner claimed proposed management consulting services support federal priorities and address industry shortage. AAO held proposed endeavor lacks sufficient evidence of national importance, broader field implications, or substantial economic effects required under Dhanasar first prong.

An investment advisor seeks EB-2 NIW as advanced degree professional with national interest waiver. SCOPS found her qualified for underlying EB-2 but denied waiver. AAO affirmed, finding her proposed endeavor lacks national importance because working as investment trust manager would not impact her field broadly or generate substantial positive economic effects.

Entrepreneur in infection prevention and healthcare sought EB-2 NIW for healthcare consulting company. AAO held proposed endeavor lacked national importance under Dhanasar because beneficiary demonstrated neither that innovations differed from existing approaches nor that projections would generate substantial regional or national economic benefits.

Senior hardware engineer at semiconductor company seeks EB-2 NIW with advanced degree. Petitioner conceded substantial merit but AAO rejected national importance, finding evidence conflated field importance with specific endeavor impact. No demonstration of innovations extending beyond employer or broader industry impact.

Airline pilot and engineer seeks NIW for EB-2 to establish aviation safety training company in HUBZone. AAO dismissed appeal, finding endeavor has substantial merit but lacks national importance; speculative training program lacks broad implications beyond proposed company clientele.

A solar power engineer and entrepreneur sought NIW to establish a company providing solar-integrated electric vehicle charging stations. AAO dismissed because the applicant failed to demonstrate national importance; supporting opinion letters lacked substantive analysis and no evidence showed significant potential for U.S. job creation or regional economic impact.

Staff R&D engineer seeking NIW as EB-2 advanced degree professional. Qualified for EB-2 but failed first Dhanasar prong: proposed research projects lack sufficient evidence of national or global impact or broader field implications. Benefits narrowly confined to specific employer. Appeal dismissed.

Marine engineer and FSRU vessel manager sought NIW under Dhanasar framework. Despite EB-2 qualification, petitioner failed to establish national importance of specific endeavor in shipbuilding and energy security. References to federal programs insufficient without demonstrating direct involvement. Appeal dismissed.

A computer science researcher with a master's degree in computer science sought EB-2 NIW classification. Although qualified as an advanced degree professional, the AAO found his proposed endeavor in artificial intelligence and large language models lacked demonstrated national importance beyond his employer.

Finance specialist in power generation seeks NIW for EB-2 classification to advance M&A endeavor channeling capital into power and battery storage projects. AAO affirmed EB-2 eligibility but rejected NIW because petitioner failed to demonstrate her specific proposed endeavor has national importance; industry-wide evidence insufficient without showing individual impact.

A management scientist sought EB-2 classification with a national interest waiver for research-based endeavors in inclusive leadership and workforce adaptability. The AAO dismissed because the petitioner failed to demonstrate substantial merit and national importance of the specific proposed endeavor under Dhanasar's first prong.

An entrepreneur with advanced degree claims NIW for supply chain logistics consultancy. AAO reversed service center's EB-2 denial on advanced degree grounds but affirmed NIW denial, finding specific endeavor lacks national importance; work for prospective clients lacks regional or national impact.

Logistician and entrepreneur sought EB-2 NIW to establish domestic trucking logistics business. AAO dismissed appeal, holding proposed endeavor lacked national importance despite substantial merit; job projections lacked corroboration and scope insufficient for broader industry impact.

An engineer in renewable energy with master's degree in sustainable energy sought NIW for solar energy systems design. AAO affirmed denial, finding petitioner failed to demonstrate national importance of the proposed endeavor, which lacked sufficient prospective impact on the field or broader economy.