Published AAO appeal decisions

A software engineer at an energy company sought EB-2 NIW for offshore infrastructure modernization work using digital-twin modeling. AAO found endeavor had substantial merit and national importance, and beneficiary was well positioned, but denied waiver because petitioner did not establish that labor certification was incompatible with the work.

Private equity firm sponsored senior associate beneficiary for EB-2 national interest waiver. Beneficiary has advanced degree and experience in agriculture and infrastructure sectors, but proposed endeavor lacks national importance; work scope limited to employer and clients despite alignment with national priorities.

Research scientist with advanced degree sought EB-2 with national interest waiver for optimization and operations research. Decision found proposed endeavor has substantial merit and national importance but concluded she lacks sufficient record of success to be well positioned to advance it.

AI Strategist Leader proposed integrating AI into business strategies to boost efficiency and innovation. AAO found proposed endeavor has substantial merit but lacks national importance because it lacks documented broader implications for industry or employment impact beyond general reliance on AI field importance.

Research scientist seeking EB-2 national interest waiver claimed advanced degree and waiver eligibility under Dhanasar framework. AAO dismissed appeal, affirming SCOPS' finding that petitioner failed first prong: proposed connectomics research insufficiently described; lacks demonstration of substantial merit, national importance, or prospective impact.

A software engineer with a master's in computer engineering seeks EB-2 NIW for work in AI recommendation systems and APIs. The AAO dismissed the appeal, finding the endeavor failed the national importance prong of Dhanasar because benefits do not extend beyond the employer to regional or national scope.

Data scientist with advanced degree pursuing PhD in Digital Transformation sought NIW for research on bio-inspired feature reduction algorithms. AAO found proposed endeavor had substantial merit and national importance but concluded petitioner lacked sufficient record of success or evidence to demonstrate being well positioned to advance the work. Appeal dismissed.

A software engineer with a master's degree in electrical and computer engineering sought an NIW for work in edge AI computing. The AAO dismissed the appeal, finding the petitioner failed to establish national importance through credible, probative evidence comparable to the standard set in Dhanasar.

Pediatric resident with master's and medical degrees sought EB-2 NIW for translational research on fetal cardiology. AAO found national importance established but dismissed because petitioner lacked demonstrated record of research success, field attention, and current prospects needed to be well positioned.

Entrepreneur in trucking and logistics sought EB-2 NIW for truck business management consulting firm in Florida. AAO dismissed, holding proposed endeavor lacked national importance; general alignment with government initiatives and industry importance insufficient without evidence of specific innovations.

An applied scientist and machine learning engineer seeks EB-2 NIW to advance energy security and industrial AI systems. The AAO dismissed the appeal, finding the proposed endeavor lacked sufficient national importance under Dhanasar's first prong despite claims about AI field value.

An employer petitioned for NIW for study management associate II overseeing oncology and hematology clinical trials for advanced therapies. AAO affirmed denial: while the work was meritorious, petitioner failed to show the specific endeavor had national importance or substantial economic impact beyond the employer's clients and consumers.

An engineer and applied scientist sought EB-2 NIW classification for work in artificial intelligence and machine learning. The AAO found the proposed endeavor lacked sufficient definition and failed to demonstrate national importance distinct from general field value, as required under Dhanasar. Appeal dismissed without addressing remaining prongs.

Certified investment analyst with advanced degree seeks EB-2 with national interest waiver. Claimed endeavor has national importance for U.S. investment and capital markets. AAO affirmed denial, finding endeavor lacks national importance; tailored consulting services lack broadly applicable measures and evidence of substantial economic ripple effects or national-level impact.

Post-doctoral fellow in industrial engineering and operations research sought EB-2 NIW for machine learning research. AAO found endeavor had substantial merit and national importance but petitioner lacked sufficient positioning to advance it. Appeal dismissed.

Metal fabrication Project Procurement Manager seeks NIW for EB-2 classification. Petitioner claimed endeavor modernizes U.S. infrastructure and bridges. AAO dismissed appeal, finding endeavor has substantial merit but lacks national importance because impact is limited to specific clients and projects, not the broader metal fabrication or construction industry.

Web developer and digital designer seeks NIW for EB-2 self-employment in web development and STEM training with free courses for underserved populations. Petitioner claimed alignment with national workforce shortage and STEM equity priorities. AAO dismissed, finding endeavor lacks national importance; field importance and general national goals do not establish specific endeavor's national importance.

A data scientist with advanced degrees in data analytics and related fields sought EB-2 classification with NIW. The AAO held his proposed work developing AI solutions for his employer, while beneficial to that employer, lacks the broad field-level national importance required under Dhanasar.

A utility company seeks NIW for electrical engineer to advance cybersecurity efforts. AAO affirmed denial because the record failed to establish national importance of the beneficiary's specific proposed endeavor; general importance of utility operations and cybersecurity does not satisfy Dhanasar first prong.

Electronics engineer in telecommunications seeks NIW for EB-2 self-employment in fiber optic services. Petitioner claimed national importance based on Federal Fiber to Home alignment. AAO dismissed, finding the specific endeavor lacks national importance despite working in important field; general industry alignment insufficient without evidence of broader prospective impact.

Computer scientist specializing in bioinformatics employed by technology company sought EB-2 with NIW. AAO dismissed because evidence demonstrated field importance but failed to establish national importance of petitioner's specific proposed research endeavor or its prospective impact under Dhanasar.

A lawyer sought EB-2 national interest waiver (NIW). He initially stated vague intent to continue studies and practice, then materially changed his proposed endeavor on appeal to establish a legal consulting and education business. The AAO dismissed because he did not establish a specific proposed endeavor at filing, and changed proposals cannot cure defects.

An electrician in industrial maintenance and automation sought NIW as EB-2 member of professions. AAO dismissed, finding the proposed endeavor lacks national importance under Dhanasar. Individual company consultancy services lack sufficient scale, employment potential, or economic effects to rise to national level.

Chief financial officer sought EB-2 national interest waiver for credit recovery services business with machine learning technology. AAO affirmed SCOPS denial, finding petitioner failed national importance prong despite business plans. Unsupported employment projections and lack of evidence showing technology improvements or national economic significance precluded eligibility.

A software engineer and systems researcher sought an NIW for autonomous vehicle research. The AAO found substantial merit in the proposed endeavor but dismissed the appeal because the petitioner failed to demonstrate he was well positioned to advance it, lacking evidence of progress or external support.