Published AAO appeal decisions

Pediatric resident with master's and medical degrees sought EB-2 NIW for translational research on fetal cardiology. AAO found national importance established but dismissed because petitioner lacked demonstrated record of research success, field attention, and current prospects needed to be well positioned.

Entrepreneur in trucking and logistics sought EB-2 NIW for truck business management consulting firm in Florida. AAO dismissed, holding proposed endeavor lacked national importance; general alignment with government initiatives and industry importance insufficient without evidence of specific innovations.

An applied scientist and machine learning engineer seeks EB-2 NIW to advance energy security and industrial AI systems. The AAO dismissed the appeal, finding the proposed endeavor lacked sufficient national importance under Dhanasar's first prong despite claims about AI field value.

An employer petitioned for NIW for study management associate II overseeing oncology and hematology clinical trials for advanced therapies. AAO affirmed denial: while the work was meritorious, petitioner failed to show the specific endeavor had national importance or substantial economic impact beyond the employer's clients and consumers.

An engineer and applied scientist sought EB-2 NIW classification for work in artificial intelligence and machine learning. The AAO found the proposed endeavor lacked sufficient definition and failed to demonstrate national importance distinct from general field value, as required under Dhanasar. Appeal dismissed without addressing remaining prongs.

Certified investment analyst with advanced degree seeks EB-2 with national interest waiver. Claimed endeavor has national importance for U.S. investment and capital markets. AAO affirmed denial, finding endeavor lacks national importance; tailored consulting services lack broadly applicable measures and evidence of substantial economic ripple effects or national-level impact.

Post-doctoral fellow in industrial engineering and operations research sought EB-2 NIW for machine learning research. AAO found endeavor had substantial merit and national importance but petitioner lacked sufficient positioning to advance it. Appeal dismissed.

Metal fabrication Project Procurement Manager seeks NIW for EB-2 classification. Petitioner claimed endeavor modernizes U.S. infrastructure and bridges. AAO dismissed appeal, finding endeavor has substantial merit but lacks national importance because impact is limited to specific clients and projects, not the broader metal fabrication or construction industry.

Web developer and digital designer seeks NIW for EB-2 self-employment in web development and STEM training with free courses for underserved populations. Petitioner claimed alignment with national workforce shortage and STEM equity priorities. AAO dismissed, finding endeavor lacks national importance; field importance and general national goals do not establish specific endeavor's national importance.

A data scientist with advanced degrees in data analytics and related fields sought EB-2 classification with NIW. The AAO held his proposed work developing AI solutions for his employer, while beneficial to that employer, lacks the broad field-level national importance required under Dhanasar.

A utility company seeks NIW for electrical engineer to advance cybersecurity efforts. AAO affirmed denial because the record failed to establish national importance of the beneficiary's specific proposed endeavor; general importance of utility operations and cybersecurity does not satisfy Dhanasar first prong.

Electronics engineer in telecommunications seeks NIW for EB-2 self-employment in fiber optic services. Petitioner claimed national importance based on Federal Fiber to Home alignment. AAO dismissed, finding the specific endeavor lacks national importance despite working in important field; general industry alignment insufficient without evidence of broader prospective impact.

Computer scientist specializing in bioinformatics employed by technology company sought EB-2 with NIW. AAO dismissed because evidence demonstrated field importance but failed to establish national importance of petitioner's specific proposed research endeavor or its prospective impact under Dhanasar.

A lawyer sought EB-2 national interest waiver (NIW). He initially stated vague intent to continue studies and practice, then materially changed his proposed endeavor on appeal to establish a legal consulting and education business. The AAO dismissed because he did not establish a specific proposed endeavor at filing, and changed proposals cannot cure defects.

An electrician in industrial maintenance and automation sought NIW as EB-2 member of professions. AAO dismissed, finding the proposed endeavor lacks national importance under Dhanasar. Individual company consultancy services lack sufficient scale, employment potential, or economic effects to rise to national level.

Chief financial officer sought EB-2 national interest waiver for credit recovery services business with machine learning technology. AAO affirmed SCOPS denial, finding petitioner failed national importance prong despite business plans. Unsupported employment projections and lack of evidence showing technology improvements or national economic significance precluded eligibility.

A software engineer and systems researcher sought an NIW for autonomous vehicle research. The AAO found substantial merit in the proposed endeavor but dismissed the appeal because the petitioner failed to demonstrate he was well positioned to advance it, lacking evidence of progress or external support.

An employer petitioned for a quality assurance manager in aerospace manufacturing, seeking EB-2 advanced degree classification with a national interest waiver. The service center denied it. The AAO dismissed the appeal, holding the endeavor lacked national importance because its impact was confined to the employer and economic benefits were too attenuated, so other prongs were not reached.

An automotive service technician sought NIW for an exceptional ability business endeavor. The AAO dismissed the appeal, finding the proposed automotive repair venture lacked national importance despite its focus on important industry challenges; benefits were too localized to the petitioner's company.

A mathematician with a Ph.D. sought an EB-2 national interest waiver for mathematical research with government initiative alignment. The AAO agreed the proposed endeavor meets the first Dhanasar prong but found the petitioner is not well-positioned to advance it due to unclear employment status, unclear research duties, and insufficient evidence of available funding and institutional support.

Health services manager with advanced nursing degree seeking EB-2 classification and NIW for proposed healthcare business claimed national importance based on federal alignment, job creation projections, and revenue forecasts. AAO found proposed endeavor lacks national importance because benefits do not extend beyond individual patients to impact healthcare field broadly.

Ph.D. civil engineering student sought EB-2 with national interest waiver for railway safety and cybersecurity work. AAO dismissed, finding the proposed endeavor insufficiently defined through multiple inconsistent characterizations; petitioner's actual employment plans contradicted stated endeavor, preventing assessment of national importance.

Restaurant company seeking to employ beneficiary to lead expansion across United States. Claimed expansion creates thousands of jobs in economically distressed areas and promotes cultural exchange. AAO held specific endeavor lacks national importance; job projections unsubstantiated; 19 jobs per location insufficient; market demand unproven.

An operations research analyst with a PhD sought an EB-2 NIW for data-driven research in supply chain and financial markets. The AAO dismissed because the petitioner failed to demonstrate her specific endeavor's national importance, confusing the importance of the field with the importance of her proposed work.

An EB-2 applicant seeking national interest waiver filed a third motion to reconsider after prior dismissals. The AAO dismissed the motion because petitioner merely disagreed with conclusions without identifying legal or policy errors as required for reconsideration. Underlying petition remained denied.