Published AAO appeal decisions

Senior machine learning engineer seeks EB-2 with national interest waiver for software engineering research. AAO dismissed appeal, finding proposed endeavor lacked national importance; work was limited to employer interests and clients without broader implications for United States.

Software engineer with Ph.D. in electrical and computer engineering sought EB-2 national interest waiver. Director found first prong met but third prong failed. AAO affirmed first prong for research only but withdrew finding on second prong. Petitioner failed third prong: work primarily benefits employer, no evidence labor certification inappropriate, insufficient urgency. Dismissed.

Plant sciences researcher with Master's degree sought EB-2 with NIW. AAO sustained appeal, finding all three Dhanasar prongs met: research on crop resilience has national importance, applicant's credentials and record position him to advance the work, and national interest in critical biotechnology justifies waiving labor certification.

Agricultural engineer proposes to establish a consulting company offering personalized innovative solutions to farmers and agribusinesses to optimize productivity and sustainability. AAO held the proposed endeavor lacks national importance because it failed to demonstrate substantial prospective economic impact or job creation beyond serving selected regional clients.

Biomedical systems technician seeks NIW to establish business providing clinical engineering services, equipment maintenance, and training. AAO dismissed appeal, finding the petitioner failed to demonstrate national importance of the proposed endeavor, lacking evidence of substantial economic impact, job creation, or industry-wide implications beyond prospective clients.

A home health services company owner sought EB-2 NIW classification as an advanced degree professional. The petitioner proposed operating a home health company aligned with federal healthcare initiatives. The AAO held that substantial merit in the field does not establish national importance; the specific endeavor must demonstrate broader implications or meaningful industry impact beyond serving prospective patients.

A chemical engineer and entrepreneur self-petitioning for NIW sought EB-2 as individual with advanced degree. The AAO found her proposed endeavor of providing industrial chemistry and food manufacturing services had substantial merit but failed to demonstrate national importance. Dismissal affirmed because petitioner did not show broader implications or substantial economic effects at requisite level.

Construction manager self-petitioner sought NIW for EB-2 based on sustainable building renovation company serving low- and high-income clients. AAO affirmed Service Center denial, finding proposed endeavor lacked national importance; focus on sustainable construction generally and unsupported economic impact insufficient.

Civil engineer as CEO of Massachusetts construction consulting firm seeks NIW for sustainability and technology integration services. AAO affirmed dismissal, finding proposed endeavor lacks national importance; consulting work lacks potential to spur broader construction change or provide substantial economic effects.

A biomedical scientist and clinical pathology technician sought EB-2 with national interest waiver. The AAO dismissed the appeal, holding that the proposed biomedical company's services and training would not extend beyond individual clients to have national importance or broader field impact.

Self-petitioner entrepreneur in digital information transformation seeks NIW for EB-2 classification. He claimed his business addressing digital economy complexities has national importance. AAO affirmed denial because petitioner failed to demonstrate national importance; working in important field insufficient; no proof of broad impact or significant job creation potential.

Airline pilot proposed cargo transport operations, crew training, safety analysis, and technology adoption. AAO held proposed endeavor lacks national importance because pilot failed to show broader field impact; projected revenue and employment benefits insufficient for national importance.

Self-petitioner logistics and trucking manager seeking EB-2 NIW to start trucking company and driving school. AAO dismissed appeal because petitioner failed to establish national importance of proposed endeavor; business projected only modest employment and revenue with no demonstrated broader field or economic impact.

Logistics consultant seeking EB-2 with self-petitioner NIW for consulting business. Claimed endeavor in supply chain optimization and sustainable logistics practices has substantial merit and national importance. AAO held endeavor lacks national importance; benefits limited to prospective clients; no evidence of unique methodologies or field-wide impact.

Software engineer with master's degree seeking EB-2 advanced degree professional status with national interest waiver. Claimed proposed endeavor benefits field broadly with substantial economic effects. AAO dismissed appeal because specific endeavor lacks national importance and broader field implications beyond employer and customers.

A ranch manager with advanced degree sought EB-2 with national interest waiver for cattle ranch operations. AAO granted underlying EB-2 eligibility but denied waiver, finding proposed job lacked demonstrated national importance. Local economic impact and industry relevance alone insufficient without broader field implications.

Special education teacher sought EB-2 NIW to establish a company providing training and development for inclusive education. AAO held she qualifies as advanced degree professional, but proposed endeavor lacks national importance; while addressing teacher shortage is important, services benefit only company clients without broader field implications.

Project manager with advanced degree sought NIW. Proposed business providing project management services with community involvement initiatives. AAO found proposed endeavor lacks national importance; services not unique or innovative; community programs do not extend beyond participants to impact field broadly; employment projections not substantial compared to industry. Second and third prongs reserved.

A commercial airline pilot seeking EB-2 classification with national interest waiver claimed his endeavor would reduce strain on the aviation industry from pilot shortage. The AAO dismissed the appeal on two independent bases: invalid electronic signature on the appeal form and failure to establish first prong national importance under Dhanasar framework.

Employer petitioned for senior software engineer beneficiary with advanced degree. Beneficiary proposed work on advanced computing architecture and user interface enhancements. AAO dismissed, finding proposed endeavor lacks national importance; working in important field insufficient, and no evidence of prospective impact beyond company benefiting broader economy.

An entrepreneur sought a national interest waiver for EB-2 classification with an advanced degree. The AAO found he failed to establish that his proposed construction sector venture has national importance, lacking sufficient evidence of prospective economic impact or job creation. The appeal was dismissed without analyzing the remaining Dhanasar prongs.

CEO with advanced degree sought EB-2 NIW for self-employed consulting firm in business development and global trade. AAO held proposed endeavor, though of substantial merit, lacks national importance; petitioner failed to show broader implications or economic effects rising to national level.

A dentist with an advanced degree proposed opening three dental clinics to serve underserved populations and teach geriatric dentistry. The AAO held the endeavor, while substantially meritorious, lacks national importance because it fails to demonstrate broader implications beyond direct patient benefit or meaningful impact on the dental industry.

A machine learning engineer self-petitioned for EB-2 classification with a national interest waiver. The AAO found he qualified with an advanced degree but denied the waiver. Generic publications about artificial intelligence and the 2023 AI Executive Order do not establish national importance of his specific research and development work for his current employer.

Pilot with advanced degree seeks EB-2 classification with national interest waiver. AAO affirmed denial, finding petitioner failed to demonstrate that proposed aviation safety and survival training endeavor has national importance beyond immediate clientele, focusing on specific endeavor rather than industry importance.