Published AAO appeal decisions

An assistant professor of sociology seeking EB-2 with NIW claimed her research on criminal justice reform technology has national importance. The AAO found her endeavor has substantial merit but lacks the specific prospective national impact required under Dhanasar, dismissing the appeal.

Chemical and biomedical engineer with Ph.D. sought EB-2 classification and NIW. Petitioner established first prong of substantial merit and national importance of proposed research endeavor. AAO agreed but found petitioner did not sufficiently demonstrate record of success in related efforts, citations impact, or viable plan with documentary support for claimed employment.

Logistics analyst sought EB-2 exceptional ability classification and national interest waiver. AAO dismissed appeal because petitioner failed to establish exceptional ability by meeting at least three of six regulatory criteria. Petitioner did not demonstrate license to practice profession, professional association membership, or industry recognition.

High school mathematics teacher with fifteen years experience seeks NIW for EB-2 to develop hybrid and distance learning instructional framework. AAO dismissed appeal because petitioner failed to address USCIS findings on the third Dhanasar prong and waived the issue by failing to contest specific conclusions about impracticality of labor certification and national benefit.

A semiconductor technology researcher with a Ph.D. sought NIW under Dhanasar. USCIS denied, finding advanced degree qualification but failing all three Dhanasar prongs. AAO remanded, finding USCIS did not meaningfully evaluate the record or address petitioner's evidence.

Chemical engineer with five years pharmaceutical and biotechnology experience sought EB-2 with national interest waiver. Proposed developing analytical methods and processes for vaccine and therapeutic manufacturing. AAO dismissed because petitioner failed to demonstrate proposed work has national importance; work appeared routine to employer without broader industry impact.

An automotive company petitioned to employ a process controls engineer under EB-2 NIW, claiming the EV battery assembly work has national importance. The AAO dismissed the appeal, finding the proposed endeavor lacks national importance under Dhanasar's first prong, as impact appears limited to employer and immediate business partners rather than industry-wide.

Training and development specialist sought NIW for STEM education framework under Dhanasar. Advanced degree established. First prong failed: while endeavor had substantial merit, record lacked evidence of national importance and broad prospective impact. Framework described as scalable and replicable without detail or demonstrated innovation. Second and third prongs not reached.

Civil engineer in occupational health and safety proposes a small wastewater consulting and construction company. Claimed endeavor has national importance under Dhanasar framework. AAO dismissed appeal, finding proposed specific endeavor lacks national importance despite wastewater management field having it; projections insufficient to demonstrate significant economic or employment impact.

Mathematical and electrical engineering researcher sought EB-2 national interest waiver. Motion to reopen granted on advanced degree issue but dismissed on merits. Proposed medical imaging research endeavor too vague at filing date; potential impacts on field and national initiatives lacked sufficient direct evidentiary support despite prior research accomplishments.

Founder and president of automotive parts wholesaler sought EB-2 exceptional ability classification and NIW. Petitioner claimed academic record, ten years experience, license, and membership criteria. AAO found beneficiary met only one criterion, not the required three, so does not qualify for exceptional ability and NIW analysis not reached.

Supply chain manager with advanced degree sought NIW. AAO affirmed dismissal because endeavor has substantial merit but lacks national importance; impact limited to employing company and clients, without demonstrated broader industry or field implications.

A data scientist sought EB-2 national interest waiver for a public policy perception analysis endeavor using data-driven technologies. Although the specific endeavor had substantial merit, AAO agreed with USCIS that the petitioner failed to establish national importance. Proposed work would operate within single employer without broader field implications or substantial economic effects. Appeal dismissed.

Software engineer with Ph.D. in electrical engineering seeks NIW for fraud detection platform development. AAO remanded, finding USCIS mischaracterized the endeavor as biomedical and failed to adequately analyze national importance, positioning, and balance prongs under Dhanasar framework.

A chief engineer in sustainable building filed a national interest waiver petition but submitted falsified reference letters. AAO found the petitioner willfully misrepresented material facts by knowingly submitting false documents, rendering him inadmissible. Appeal dismissed due to fraud and failure to meet all three Dhanasar prongs.

A software engineer with master's degree in computer science seeks EB-2 national interest waiver for designing novel algorithms in private cloud storage. The AAO dismissed, finding the proposed endeavor lacked demonstrated national importance beyond the employer's specific needs.

Construction engineer and sustainability specialist with 22 years experience sought EB-2 NIW. Service center approved advanced degree qualification but denied NIW. AAO dismissed because proposed endeavor lacks national importance despite substantial merit; petitioner did not show prospective national impact beyond local scope or sufficient economic benefit commensurate with national importance.

Employer sought national interest waiver for beneficiary as assistant professor of otolaryngology-head and neck surgery. AAO found beneficiary met EB-2 advanced degree requirement but proposed endeavor lacked adequate evidence of national importance beyond employer and local patients, failing the first Dhanasar prong.

Port manager with advanced degree sought national interest waiver of job offer requirement. AAO agreed endeavor had substantial merit but lacked national importance. Petitioner failed to establish specific work would impact field, industry, or economy beyond company operations. Remaining Dhanasar prongs reserved.

A Brazilian healthcare specialist with advanced degree seeks NIW for EB-2, proposing to develop audit systems and management frameworks. The AAO dismissed because petitioner failed to establish the underlying EB-2 classification and did not demonstrate national importance of the specific proposed endeavor.

Pilot self-petitioner sought NIW under EB-2 as advanced degree professional. AAO dismissed appeal, finding initial endeavor as airline transport pilot lacked national importance, and petitioner materially changed endeavor in response to RFE without establishing broader field implications.

CEO seeking NIW for eco-friendly manufacturing startup claimed national importance of his business venture. AAO held the endeavor lacks broader field-level impact, representing only routine company-specific benefit insufficient for NIW, distinguishing meaningful national importance from merely important work.

Educational technology researcher claimed NIW for health literacy research advancing competency-based learning. AAO held proposed endeavor lacks demonstrated national importance despite university adoption at one institution, and applicant failed to show recent productivity or sustained research continuation warranting waiver.

A business process reengineering consultant sought a national interest waiver under the second preference category. After several earlier denials and dismissals, the petitioner filed a motion to reconsider. The AAO dismissed it because no incorrect application of law or policy was shown, and the arguments were repetitive or could have been raised earlier.

Mechanical engineer employed in advanced driver assistance systems sought national interest waiver. AAO held proposed endeavor lacked sufficient concrete examples of broad impact and petitioner did not establish ownership of intellectual property or impact beyond specific employer, failing the substantial merit and national importance prong.