Published AAO appeal decisions

Financial manager with advanced degree sought NIW for employment in banking sector with proposed use of blockchain and AI technologies. AAO found substantial merit in the field but concluded the petitioner failed to demonstrate national importance of her specific endeavor, lacking evidence of broader industry impact, employment potential, or substantial economic effects.

Physical therapist self-petitioner sought EB-2 NIW based on work as physical therapist specialist. AAO held petitioner failed to establish advanced degree and that proposed endeavor lacked national importance under Dhanasar; appeal dismissed.

Sustainability and business intelligence consultant sought EB-2 NIW classification. AAO held proposed endeavor had substantial merit but lacked national importance as required under Dhanasar because petitioner provided only general assertions without adequate evidence of broader field impact or specific prospective consequences.

Pilot seeking NIW to provide aviation instruction services. AAO dismissed appeal, finding the proposed endeavor lacks national importance under Dhanasar because instruction would not impact the field more broadly and occupational shortages are addressed through labor certification.

An exercise trainer seeking EB-2 classification with national interest waiver claimed his instruction activities have substantial merit and national importance. The AAO found the endeavor merits substantial but lacks national importance because it fails to demonstrate prospective impact extending beyond his individual clientele to benefit the nation.

Design release engineer for automotive company sought NIW for work on electric vehicle and autonomous vehicle systems. AAO held beneficiary's specific engineering role, though in important industry, lacks demonstrated broader implications or national importance distinct from general employer significance.

An international banking and finance professional sought EB-2 with national interest waiver for a financial literacy and regulatory compliance consulting firm. The AAO dismissed the appeal, finding that despite substantial merit, the endeavor lacks national importance because local economic benefits and job creation do not meet the substantial positive economic effects standard.

Applied linguist seeking NIW for EB-2 classification claimed research on marginalized populations has national importance. AAO dismissed appeal, finding substantial merit but no evidence prospective impact rises to national importance; research lacks demonstrated policy influence or broad implications.

Airline petitions for assistant director of operations and pilot as EB-2 exceptional ability with national interest waiver. AAO reversed service center's approval, finding beneficiary failed three of six evidentiary criteria, lacking relevant academic credentials, sufficient employment verification, and professional association membership.

Machine learning engineer with advanced degree seeks NIW. Claimed AI research would advance field and generate healthcare savings with national importance. AAO found vague descriptions of intended research without specific details or documentation of prospective impact; working in important AI field alone insufficient without demonstrating specific endeavor's national importance.

Entrepreneur proposing a financial consulting services company in Florida claiming national interest waiver. AAO dismissed appeal, finding the proposed endeavor lacks national importance despite substantial merit; revenue projections and job creation figures insufficient to demonstrate significant prospective impact regionally or nationally.

IT auditor with advanced degree seeks NIW for cybersecurity and AI consulting endeavor. SCOPS revoked approval, concluding endeavor lacks national importance. AAO affirms that petitioner failed to demonstrate national importance; proposed work extends only to employer and customers without evidence of regional or national economic impact or innovation significance.

A mechanical engineering doctoral student sought an EB-2 national interest waiver to develop computational models and digital twins for personalized medicine. The AAO found the endeavor met the first prong but dismissed because the petitioner lacked sufficient evidence of research success, clinical impact, or interest from relevant parties to show she was well positioned to advance it.

Financial analyst holding advanced degree sought EB-2 national interest waiver for financial consulting business serving immigrants. AAO held proposed endeavor has substantial merit but lacks national importance; business plan lacks probative evidence of significant projected economic impact or job creation.

Cybersecurity entrepreneur proposed establishing a consulting company under EB-2 with NIW. AAO dismissed appeal, finding the proposed endeavor lacks sufficient national importance because services would not extend beyond the client base, provide substantial economic effects, or represent significant market share in the field.

A software engineer with a master's degree seeks EB-2 with NIW for cloud computing and STEM education contributions. SCOPS approved the underlying EB-2 and second prong but denied the waiver. The AAO dismissed because the proposed endeavor lacks sufficient national importance under Dhanasar's first prong.

Pharmacist self-petitioner seeking NIW for comprehensive pharmaceutical service business. Claimed national importance through healthcare gap-filling and professional training. AAO held endeavor has merit but lacks national importance; projected revenues and job creation insufficient to demonstrate substantial positive economic effects beyond local clients.

An employer petitioned for an assistant vice president's EB-2 classification with national interest waiver for developing machine learning and advanced analytics tools for market risk management. The AAO affirmed denial; while the work had substantial merit, employer failed to establish it had national importance or impact beyond the specific employer.

English language arts teacher proposed studying Florida's state assessment test impact in charter schools to improve student outcomes. AAO found the study too narrow in geographic and topical scope to demonstrate national importance despite letters claiming transformative field impact.

Software engineer with advanced degree seeks EB-2 classification and NIW to start B2B manufacturing business for construction and energy sectors. AAO found proposed endeavor has substantial merit but lacks national importance. Field importance alone insufficient; specific endeavor must show prospective national impact. Appeal dismissed.

A postdoctoral researcher in applied mathematics sought NIW for research on mathematical models for ecology and conservation. The AAO remanded because SCOPS failed to provide detailed analysis of national importance, the petitioner's qualifications, and the balance of waiver factors under Dhanasar.

Advanced materials engineering researcher seeking NIW for postdoctoral research in wastewater metal recovery and water remediation. Petitioner established field has substantial merit but failed to demonstrate national importance of specific proposed endeavor. Decision held mere employment in important STEM field insufficient without evidence of broader prospective impact.

Engineering project manager and entrepreneur seeking NIW for EB-2 advanced degree classification. AAO affirmed dismissal, finding the business plan's staffing and revenue projections inadequately explained and generic industry articles insufficient to demonstrate the specific endeavor's national importance.

A computer scientist filed successive motions to reopen and reconsider an EB-2 national interest waiver denial. The AAO dismissed the second motion, finding no new facts or legal errors; the petitioner confused prospective impact with past achievement and restated previously considered evidence without demonstrating that the proposed endeavor had national importance.

Postdoctoral researcher in wireless communications and networking seeking EB-2 NIW. SCOPS denied; first appeal found substantial merit and positioning but denied waiver on balancing prong. Motion to reconsider granted after AAO recognized Ph.D. in STEM field working on critical emerging technology as strong positive factor for national benefit under revised Dhanasar analysis.