Published AAO appeal decisions

Research engineer with mechanical engineering doctorate sought EB-2 NIW for HVAC&R systems research. AAO found the proposed endeavor has substantial merit and national importance but dismissed appeal because petitioner failed to show he is well positioned to advance it without his current employment, lacking independent funding and demonstrating field adoption.

Professional in employee training and development sought EB-2 national interest waiver. Failed NIW Dhanasar first prong; proposed nationwide capacity-building endeavor lacks demonstrated national importance and lacks specific scalable model or significant U.S. employment potential.

Cybersecurity professional with Master's degree sought EB-2 national interest waiver without job offer. AAO affirmed denial, finding the proposed endeavor lacked national importance despite claimed expertise in enterprise platforms. Unsupported assertions about billion-dollar transactions and strategic alignment insufficient without corroborating evidence of specific prospective impact.

Telecommunications engineer sought EB-2 NIW for startup company providing connectivity and cybersecurity solutions. SCOPS found substantial merit but denied lack of national importance. AAO affirmed, finding proposed endeavor lacked specific details about services, job creation, and scale necessary to demonstrate national importance.

Data scientist with doctorate in data science and master's in statistics sought NIW for computing and data analysis research endeavor. AAO sustained appeal, finding endeavor has national importance, petitioner well positioned to advance it given STEM doctorate and demonstrated progress, and waiver benefits United States.

An industrial engineer with a doctorate in transportation engineering sought an EB-2 national interest waiver for predictive maintenance research. The AAO dismissed, finding the petitioner failed to demonstrate she was well positioned to advance the proposed endeavor despite meeting the first prong.

Legal consultant in alternative dispute resolution sought EB-2 with national interest waiver. Proposed establishing consultancy for ADR and public bond investment. AAO dismissed, finding the specific endeavor lacked demonstrated national importance; petitioner confused field importance with endeavor-specific impact and failed to show broader implications.

A chemist and postdoctoral researcher sought EB-2 national interest waiver for research on high-performance materials for energy conversion. The AAO found the proposed endeavor met the first Dhanasar prong but the petitioner was not well positioned to advance it due to lack of demonstrated success and institutional support. The appeal was dismissed.

A research scientist with a master's degree in electrical and computer engineering sought an NIW for EB-2 classification. The AAO found the proposed endeavor had substantial merit and national importance but dismissed because the petitioner lacked a concrete plan and employment pursuit evidence to demonstrate he was well-positioned to advance it.

A civil engineer with a master's degree sought EB-2 classification with a national interest waiver for an AI-based construction software tool. The AAO found the petitioner qualified for EB-2 and established substantial merit but dismissed the appeal because the petitioner failed to demonstrate the national importance required by Dhanasar's first prong.

Civil engineer proposing to found consulting services company in Massachusetts. Failed first Dhanasar prong on national importance; generic consulting for construction companies lacked national or global implications. Business plan contained numerous errors and unreliable financial projections. Appeal dismissed.

Biofuels engineer with advanced degree sought waiver based on proposed ethanol production and export optimization. AAO affirmed SCOPS finding that endeavor lacked national importance, being limited to employer and partners without demonstrated broader impact on ethanol industry or economy. Appeal dismissed.

Petitioner with advanced degree sought EB-2 NIW for project management consultancy using AI optimization. AAO dismissed appeal, finding substantial merit but not national importance. Petitioner conflated industry importance with endeavor-specific prospective impact and failed to demonstrate broader implications beyond her business.

A consultant engineer with 28 years experience sought EB-2 NIW for affordable housing and resilience engineering work. SCOPS approved advanced degree qualification but denied NIW. The AAO affirmed dismissal, finding the proposed endeavor, though in important industry, lacked demonstrated national importance as required by Dhanasar's first prong.

An IT systems engineer seeking EB-2 classification with a national interest waiver filed a self-petition. The AAO found the beneficiary qualified for EB-2 as an advanced degree professional but failed to establish national importance of his proposed endeavor. The vague business plan lacked evidence of significant employment creation or economic benefits at regional or national levels.

AI engineer self-petitioner sought NIW based on broad plans to advance AI and exponential technologies for healthcare and general use. AAO found no specific proposed endeavor: petitioner discussed general intentions without particularizing data-driven tools, efficiency gains, or LLM inference work. Appeal dismissed; favorable prong determinations withdrawn without specific endeavor.

An aircraft mechanic sought EB-2 classification with a national interest waiver to develop aviation maintenance training programs. SCOPS found the endeavor had substantial merit but the AAO affirmed dismissal, holding the petitioner failed to establish national importance because the record lacked specifics on prospective impact and the expert letter addressed industry importance rather than the specific proposed endeavor's impact.

Consultant with advanced degree proposing consulting and auditing services for small and medium businesses in financial compliance and governance. AAO held working in important industry insufficient; specific endeavor lacks demonstrated broader implications for field or economy.

Materials engineer seeking EB-2 with national interest waiver for supply chain optimization initiative. Petitioner holds advanced degree but failed to establish national importance of proposed endeavor; claimed scalability and broad impacts lack specific details and independent corroborating evidence.

Research engineer seeks NIW under EB-2 to conduct research in vehicle safety, renewable energy, and data centers. AAO dismissed, finding substantial merit but insufficient evidence of national importance; research activities limited to employer and clients without demonstrated broader implications.

Sales manager seeks national interest waiver for EB-2 classification. AAO withdrew service center decision and remanded for new decision because the original denial lacked sufficient analysis and explanation of how evidence failed to meet Dhanasar prongs; service center provided block quotations without explaining specific deficiencies.

IT consultant sought EB-2 with national interest waiver claiming exceptional ability. AAO affirmed second denial after remand, finding only one of six exceptional ability criteria met. National importance not established for proposed IT consulting endeavor.

A supply and trade professional sought EB-2 with national interest waiver for maritime logistics work. The AAO dismissed the appeal, finding his proposed endeavor lacked sufficient specificity regarding actual activities and failed to demonstrate national importance or broader implications beyond generalized objectives.

Entrepreneur self-petitioner sought NIW for medical billing and revenue cycle management business. SCOPS found substantial merit but not national importance. Petitioner appealed with only generalized error statements without developing arguments for any Dhanasar prong. Appeal dismissed for waived arguments and failure to meet burden.

Senior engineering program manager with advanced degree seeks NIW for research on electromechanical systems including motor design, hybrid vehicle powertrains, and aerospace monitoring. SCOPS approved advanced degree qualification and substantial merit but denied national importance. AAO upheld dismissal, finding insufficient evidence of broader field impact or economic effects rising to national importance.