Published AAO appeal decisions

An entrepreneur sought EB-2 exceptional ability classification with NIW. The AAO upheld dismissal because she failed to meet three of six exceptional ability criteria (no qualifying license, insufficient years of experience, insufficient salary, no professional membership). The NIW merits were not addressed.

A medical researcher with advanced degrees in pulmonary medicine sought NIW classification to continue research on idiopathic pulmonary fibrosis and asthma therapeutics. The AAO reversed the service center's denial, finding the proposed research has substantial merit and national importance, the petitioner is well positioned to advance it, and waiving the job offer would benefit the United States.

A research scientist self-petitioned for EB-2 national interest waiver based on her proposed machine learning and single-cell RNA research. The AAO dismissed because the proposed endeavor lacked demonstrated national importance beyond the importance of the field itself. The record provided only generalized information and publication citations unrelated to the specific endeavor's broader impact.

Nanotechnology scientist in renewable energy seeking EB-2 with national interest waiver. Petitioner holds advanced degree and established proposed endeavor has substantial merit and national importance through research dissemination plans. AAO reversed SCOPS denial on first prong and remanded for analysis of remaining Dhanasar criteria.

Environmental engineer claims NIW eligibility for research on water treatment and scale formation processes. AAO held proposed endeavor lacks sufficient national importance despite substantial merit; citations and industry reports insufficient to establish specific prospective impact at national level.

Airline pilot and flight instructor self-petitioner sought NIW as EB-2 advanced degree professional. Qualified for EB-2 but failed first Dhanasar prong: proposed endeavor of continuing career and addressing pilot shortage lacks national importance despite job creation estimates. Appeal dismissed.

A seismic structural engineer with advanced degrees seeks EB-2 national interest waiver. The AAO found the proposed endeavor had substantial merit and national importance but concluded the petitioner was not well-positioned to advance it because current employment focused on unrelated work, and the balance did not favor waiver.

An automotive quality manager sought EB-2 NIW classification. Although the Director found substantial merit and that the petitioner was well-positioned to advance automotive quality improvements, the AAO affirmed dismissal, finding insufficient evidence of national importance beyond general industry benefits.

A software engineer and researcher sought an EB-2 national interest waiver to continue research on molecular materials for water treatment and clean energy storage. The AAO accepted the endeavor's merit and national importance but dismissed the appeal, finding he was not well positioned to advance it despite his doctorate and publications.

An ESL teacher sought EB-2 NIW classification. The AAO dismissed a third motion to reconsider, finding the petitioner reargued previously rejected arguments without establishing error in law or policy. The underlying denial stood because the petitioner failed to demonstrate national importance of his proposed endeavor.

An IT project manager with advanced degree claims NIW to establish healthcare consulting company. AAO dismissed appeal, finding although underlying EB-2 eligibility established, proposed endeavor lacks national importance; job creation projections insufficient without evidence of regional or national economic impact.

A business administrator with advanced degree seeks EB-2 NIW classification. Petitioner established substantial merit but failed to demonstrate national importance of proposed consulting endeavor. Work would benefit direct clients only without broader industry impact. Appeal dismissed under first Dhanasar prong.

A bakery and pastry chef sought EB-2 national interest waiver. The AAO dismissed, finding the proposed bakery operation lacked national importance required under Dhanasar. The endeavor would benefit only direct customers without broader implications or significant employment impact on a national level.

Researcher in hydrometeorology and AI-driven precipitation forecasting with Master's degree sought NIW. AAO dismissed appeal because petitioner failed to establish national importance; work as model tester on NASA-funded projects lacked broader field impact and showed no role as principal investigator or named funding recipient.

A thermal energy researcher with an advanced degree in physics seeks an NIW for research on high thermal conductivity semiconductors. The petitioner demonstrated substantial merit through peer-reviewed publications with high citations, government research funding, and expert support. The AAO found all three Dhanasar prongs satisfied and sustained the appeal.

A public health informatics fellow sought EB-2 NIW classification for self-petitioned waiver. The applicant held an advanced degree but failed to demonstrate national importance of the specific proposed endeavor in the Dhanasar first prong. The appeal was dismissed without addressing other prongs.

Financial analyst, accountant and auditor with advanced degree sought EB-2 national interest waiver. The AAO dismissed the appeal because her proposed financial services endeavor lacked demonstrated national importance under Dhanasar framework, showing no substantial economic impact or national implications.

Aircraft mechanic seeking EB-2 NIW claimed training programs and maintenance improvements would address aviation mechanic shortage with national importance. AAO dismissed, finding proposed endeavor lacks sufficient national importance and would not impact field broadly beyond individual trainees or employers.

A staff product manager with advanced degree sought NIW for privacy-centric advertising work. AAO dismissed because the petitioner failed to establish that her specific endeavor had national importance beyond her employer's operations, lacking evidence of industry adoption, technology transfer, or broader societal or economic impact.

A barber and entrepreneur sought EB-2 NIW to establish a barbershop and school. The AAO dismissed a third motion to reopen and reconsider, finding the petitioner failed to demonstrate national importance of the endeavor and did not meet criteria for exceptional ability; new industry articles about barber shops did not specifically address this applicant's particular proposed endeavor.

A computer scientist developing driver monitoring technology sought EB-2 classification with a national interest waiver. The AAO dismissed the appeal, finding the proposed endeavor, though meritorious, lacks national importance because the record does not establish broader prospective impact beyond the employer or adoption by other manufacturers.

A fitness and health professional with advanced degree seeks EB-2 classification with national interest waiver. Petitioner proposed fitness training endeavor. Service center and AAO found no national importance because business plan lacked specificity and independent evidence, and proposed work would impact only clients, not the industry broadly.

Aviation consultant seeks EB-2 with national interest waiver. Claimed proposed company would provide economic revitalization, employment, and advance aviation safety. AAO held endeavor lacks national importance: limited employment potential, no evidence of industry-wide impact, and unsubstantiated claims about safety and sustainability.

Mechanical engineer with advanced degree sought EB-2 with national interest waiver for semiconductor manufacturing advancement. Service center denied without adequate explanation of Dhanasar prongs analysis. AAO remanded for new decision because service center failed to explain rationale and adequately address petitioner's proposed endeavor rather than employment position.

Technology entrepreneur with advanced degree seeks NIW for AI-driven cognitive decision support tools for aerospace and aviation. AAO withdrew director's finding on national importance prong, agreeing technology aligns with government priorities. However, petitioner failed to demonstrate record of success as executive or sufficient qualification to lead endeavor as CEO/CTO.