Published AAO appeal decisions

Project engineer seeking EB-2 NIW for advanced simulation software development in mechanical engineering. AAO found proposed endeavor has substantial merit but lacks national importance; impact on field insufficient and not extending beyond employer to justify waiver. Appeal dismissed.

A consultant sought an NIW to operate a consultancy company for small and medium-sized enterprises. Although the AAO found substantial merit and the petitioner well positioned, the endeavor lacked national importance; consulting services for regional businesses did not demonstrate prospective impact of national significance.

PhD holder in AI and infrastructure management, founder of startup, sought EB-2 NIW. Proposed endeavor: lead AI and infrastructure research and consulting. USCIS found substantial merit but insufficient evidence of national importance. AAO affirmed: endeavor lacks specificity, funding details, and demonstrated broader impact; appeal dismissed.

Computer software engineer proposing manufacturing software company claiming STEM field status and broader implications for intelligent manufacturing. AAO held proposed endeavor fails national importance: business plan lacks credible location and employment data, financial projections unsubstantiated, no demonstrated broader implications beyond general industry importance.

Engineering graduate student self-petitioner sought NIW for AI research using linguistics and game theory. AAO dismissed appeal, finding proposed endeavor lacked specific details and documented prospective impact required to establish national importance under Dhanasar first prong.

Data scientist self-petitioner sought EB-2 NIW based on advanced degree and proposed research in anomaly detection. AAO affirmed denial, holding petitioner did not establish national importance under first Dhanasar prong; research projects lacked specificity and documentation showing broader field or industry impact. Second and third prongs not addressed.

A pilot with advanced degree sought EB-2 national interest waiver for employment in pilot training and aviation. AAO affirmed denial, finding his proposed endeavor lacked national importance; being in an important industry or STEM field is insufficient without demonstrating the specific endeavor's broader prospective impact.

Registered professional engineer with MBA and metallurgical engineering degree seeks EB-2 national interest waiver in energy sector. Petitioner claimed endeavor advancing sustainable energy and strategic planning serves national interests. AAO held first Dhanasar prong unmet: proposed endeavor inadequately described, too vague; expertise above-average insufficient; general field importance does not establish specific endeavor's national importance.

Software development manager seeks NIW for EB-2 classification. Petitioner claimed endeavor has national importance for digital key management solutions in storage and government sectors. AAO dismissed appeal, finding endeavor has substantial merit but lacks national importance because impact is limited to employer and clients, not the broader storage industry or field.

Computer science researcher with master's degree seeking NIW for autonomous vehicle research. Claimed endeavor has national importance aligned with road safety and energy efficiency. AAO held specific proposed endeavor lacks national importance despite field alignment; expert letters and publications insufficient to demonstrate broader implications or reliance by other researchers.

Senior scientist in translational medicine with advanced degree sought EB-2 with national interest waiver for research on novel therapies and diagnostics. AAO reversed denial on first prong but dismissed appeal because petitioner failed to establish being well-positioned to advance the endeavor.

A research scientist with a Ph.D. sought NIW to develop AI optimization algorithms for large language models and computer vision. The AAO dismissed the appeal, finding the petitioner failed to demonstrate national importance; benefits appeared limited to the employer without broader field implications.

Civil engineer specializing in highway design and BIM/3D modeling seeks NIW for EB-2. AAO dismissed appeal, holding specific proposed endeavor lacks national importance; expertise in already-adopted technology and general field importance do not establish national importance.

An entrepreneur and CEO qualified for EB-2 with advanced degree but sought national interest waiver for her proposed venture capital consulting firm. AAO found the endeavor lacked specificity, corroboration, and sufficient evidence of national importance, rejecting claims of employment potential and economic impact under Dhanasar.

A mechanical engineer with an advanced degree sought an NIW for a proposed endeavor in ultrasonic guided-wave damage detection for infrastructure. The AAO dismissed the appeal, finding the petitioner failed to establish national importance of the specific endeavor despite its STEM and emerging-technology focus.

Immigration attorney seeking NIW to provide visa guidance to foreign nationals. Claimed endeavor advances U.S. talent attraction priorities. AAO dismissed, finding specific proposed work lacked national importance; it would benefit individual clients without demonstrating prospective impact on immigration field or economy broadly.

An urban and regional planning researcher sought EB-2 classification with a national interest waiver. The AAO found the proposed endeavor had substantial merit but lacked national importance, as it did not demonstrate novel innovation or broader field-wide impact comparable to Dhanasar examples. The first NIW prong failed, and remaining prongs were not reached; the appeal was dismissed.

A business analyst sought EB-2 NIW to establish an AI cybersecurity business as CEO and software developer. The AAO dismissed the appeal, finding the proposed endeavor has substantial merit but lacks demonstrated national importance; alignment with government cybersecurity priorities does not establish the specific endeavor's national significance.

Civil and environmental engineer proposes infrastructure and sustainability research advancement. AAO held first prong met but second prong not met; petitioner's publications and citations lack evidence of implementation, government funding, or demonstrated progress toward advancing the specific proposed endeavor.

An interior designer sought EB-2 NIW to establish nonprofit organization promoting sustainable design through education and workshops. AAO affirmed denial, finding petitioner failed to demonstrate she was well positioned to advance the nonprofit endeavor due to insufficient evidence of current efforts and lack of secured funding.

Cybersecurity consultant with master's degree sought EB-2 national interest waiver for self-employment in digital security. AAO affirmed denial on first prong: petitioner works in important field but did not demonstrate specific proposed endeavor has national importance or broader implications in cybersecurity. No new evidence provided on appeal.

An industrial engineer sought NIW for proposed consulting work. The AAO dismissed because the petitioner failed to demonstrate national importance, showing only general field importance and speculative potential benefits rather than specific prospective impact of her proposed endeavor.

Lawyer proposing consulting firm providing legal advice on digital asset financial safeguarding. Claimed national importance through government policy alignment and industry support. AAO held proposed endeavor lacks national importance: services already provided by others, no broader implications, no significant U.S. employment potential.

Clinical psychologist and entrepreneur proposing mental health services business claims national importance waiver. AAO found substantial merit but rejected national importance because the endeavor lacks broader field implications, significant job creation, or substantial economic effects beyond direct patients, failing Dhanasar's first prong.

A medical science liaison proposing a new medical consulting and training business sought a national interest waiver. The AAO dismissed the appeal, finding the proposed endeavor lacks national importance due to insufficient documentation of prospective impact and benefits limited to the business and clients rather than broader healthcare industry.