Published AAO appeal decisions

Music therapist with advanced degree seeking national interest waiver for EB-2 employment-based petition. AAO found substantial merit in proposed music therapy services but denied waiver because endeavor lacked national importance, lacking broader field-wide impact beyond local clients.

Financial engineer with advanced degree seeking NIW to develop personalized retirement planning services and hire 49 employees. Claimed financial education is urgent national priority. AAO held working in important field insufficient; proposed endeavor lacks unique methodologies or national implications; impacts only clientele, not field broadly.

Business researcher proposed financial-marketing integration model for small business performance, then materially expanded endeavor during RFE response to include professorship, additional research areas, and advisory work. AAO dismissed appeal: petitioner substantially altered claims after SCOPS identified deficiency, making foundational endeavor undefined and preventing proper Dhanasar framework application.

A computer science researcher with a PhD seeks EB-2 with NIW based on AI and STEM education research. SCOPS found she qualified for underlying EB-2 but denied NIW. The AAO affirmed because her proposed endeavor lacked sufficient specificity and corroborating evidence to establish national importance under Dhanasar's first prong.

Ph.D. student in molecular biology proposes cancer research on environmental, molecular, and genetic disease mechanisms. AAO found proposed endeavor has substantial merit and national importance but dismissed appeal because petitioner insufficient evidence of prior success or progress to show capacity to advance the proposed research.

Electrical and computer engineer with master's degree seeks NIW for research refining silicon carbide process integration for semiconductor devices. AAO held petitioner failed both Dhanasar prongs: endeavor lacked demonstrated national importance and petitioner was not well-positioned to advance it without employer resources or documented funding.

A civil engineer sought NIW for advanced-degree EB-2, proposing a scaffolding and shoring equipment business in Florida. The AAO dismissed the appeal, agreeing the endeavor had substantial merit but finding insufficient evidence that the specific endeavor would have national importance beyond local impact or economic significance.

Electrical engineer sought EB-2 NIW. AAO withdrew SCOPS denial and remanded. Petitioner established substantial merit and national importance of proposed research and that he is well positioned to advance it through education, experience, and expert support. SCOPS must reconsider whether balancing factors favor waiving job offer requirement.

Advanced degree professional in health policy sought national interest waiver for mental health initiative emphasizing health-in-all-policies approach. AAO affirmed denial, finding record lacked evidence of how the specific proposed endeavor would advance the field with national or global implications.

A lawyer and entrepreneur sought EB-2 national interest waiver to operate a legal and financial services firm. The AAO found the proposed endeavor lacked national importance despite claims of job creation and serving national clientele. The decision focused on the specific business impact rather than industry importance, dismissing the appeal.

Mechanical engineer petitioner seeks NIW for self-sponsored work on driving automation technologies. Claimed substantial merit and national importance of proposed endeavor. AAO affirmed denial, finding work lacked demonstrated national importance beyond employer and failed first prong.

Formulation scientist with Ph.D. seeks NIW for drug delivery systems research. AAO found substantial merit and national importance of proposed research endeavor but concluded petitioner failed to demonstrate independence from employer, failing second prong.

Machine learning software engineer employed by a company seeks national interest waiver. Claimed his proposed AI research has substantial merit and national importance. AAO held the evidence does not demonstrate prospective national or global impact on the field; references to AI importance and conference invitations do not establish national importance of his specific endeavor.

A global operations and maintenance manager sought a national interest waiver under EB-2 for an advanced degree to implement lifecycle facility management systems for energy sectors. The AAO dismissed the appeal, finding her proposed endeavor lacked demonstrated national importance despite work in a prioritized industry.

Machine learning engineer with PhD in electrical and computer engineering seeks NIW for EB-2 employment-based classification. Proposed research in safe and fair AI algorithms for autonomous and recommendation systems. AAO found research had national importance but petitioner lacked demonstrated position, track record, and plan to advance the specific endeavor; appeal dismissed.

Humanitarian nonprofit petitions for HR manager beneficiary for EB-2 with NIW. Beneficiary holds advanced degree and employer established EB-2 eligibility. AAO dismissed, finding proposed endeavor lacked sufficient national importance to satisfy first Dhanasar prong.

A digital product technical consultant with an advanced degree proposed developing an interoperable health data platform for chronic disease management. The AAO dismissed the appeal, finding her endeavor has substantial merit but lacks national importance; recommendation letters and projections lack sufficient documentary evidence of broader impact beyond her employer and clients.

An optical imaging engineer self-petitioned for EB-2 NIW. The AAO affirmed that while the endeavor had substantial merit and national importance, the petitioner failed to establish he was well-positioned to advance it due to insufficient evidence of future plans, funding, or investor interest.

An employer petitioned for an EB-2 national interest waiver for a machine learning engineer developing deep learning and NLP models. The AAO dismissed the appeal, finding the petitioner established substantial merit but failed to demonstrate that the specific proposed endeavor had national importance despite evidence of AI field importance.

A psychologist sought an EB-2 national interest waiver for work involving mental health and diversity initiatives. The AAO dismissed because although the endeavor had substantial merit in health and education, it lacked demonstrated national importance; mere alignment with government initiatives and potential local benefit do not establish national impact.

Business operations specialist sought EB-2 NIW classification. Service center denied underlying EB-2 qualification and NIW eligibility. AAO dismissed appeal, focusing on first Dhanasar prong: proposed endeavor lacks national importance because it shows no significant potential to employ U.S. workers, no substantial positive economic effects, and anticipated financial loss.

Optical science engineer with Ph.D. in applied physics sought EB-2 with national interest waiver for research on quantum materials and superconductors. AAO found research meets first prong but dismissed appeal because petitioner failed to establish being well-positioned to advance the endeavor as required by second prong.

Advanced degree professional sought EB-2 national interest waiver. Petitioner reargued facts and legal claims already considered on appeal and two prior motions without citing new precedent or showing incorrect application of law. Motion to reconsider dismissed; underlying petition remains denied.

Information security specialist with master's degree sought NIW for cybersecurity consulting startup. Appeal dismissed because petitioner failed to establish national importance of proposed endeavor beyond personal employment and failed to demonstrate being well positioned to advance it.

A business executive in educational technology sought NIW classification. The AAO dismissed, finding the proposed endeavor lacks national importance under Dhanasar despite substantial merit. The unreliable business plan failed to demonstrate broader implications, significant employment potential, or positive economic effects required.