Published AAO appeal decisions

Computer science researcher seeking EB-2 with national interest waiver claimed substantial merit, national importance, and ability to advance research independently. AAO found the first prong met but dismissed the appeal because the petitioner failed to demonstrate he was well-positioned to advance the proposed endeavor.

Finance manager filed combined motions to reopen and reconsider a dismissed NIW appeal. AAO found motion to reconsider untimely under regulations; motion to reopen also untimely, and even if excused, contained no evidence of national importance of proposed work, the dispositive issue in prior dismissal. Both motions dismissed.

Education and public safety specialist seeks EB-2 NIW for proposed security services business and training company. Petitioner qualifies as advanced degree professional but failed to establish national importance of endeavor or evidence of success positioning her to advance it, thus ineligible for waiver.

Chemist seeking EB-2 with national interest waiver for research on biochemical processes for medical and energy applications. AAO found endeavor has substantial merit but lacks established national importance due to vague, inconsistent, and expansive claims. Appeal dismissed.

Employer-sponsored NIW petition for driver information applications engineer beneficiary. AAO affirmed denial, finding petitioner failed to establish the beneficiary's proposed work has sufficient national importance; benefits limited to employer without broader field-wide implications.

Cybersecurity academy founder and CEO sought EB-2 NIW. AAO found proposed endeavor had substantial merit but lacked national importance; consulting activities insufficient in scale and impact to affect field, economy, or national security broadly.

A business continuity planner seeks EB-2 NIW based on exceptional ability and national interest. The AAO found the endeavor has substantial merit but lacks demonstrated national importance because support for Latino small businesses lacks sufficient prospective economic impact or field-wide implications, and the petitioner failed the first Dhanasar prong.

Automotive engineer seeking NIW for startup consulting company. Claimed national importance through workforce upskilling and STEM education. AAO dismissed because specific endeavor lacks national importance; industry importance and general workforce education insufficient under Dhanasar framework.

A telecommunications researcher with doctorate proposed advancing machine learning and deep learning research under EB-2 national interest waiver. AAO found her endeavor met national importance but dismissed appeal because publications, nominal peer reliance, and limited demonstrated funding responsibility failed to show she was well positioned to advance it.

Advanced degree professional sought NIW for EB-2 as commercial pilot, flight instructor, and consultant. AAO found substantial merit but rejected national importance prong, concluding proposed endeavor lacks sufficient breadth or impact to benefit national economy as required by Dhanasar framework. Appeal dismissed.

A research scientist with a PhD in computer science sought EB-2 NIW for AI research in multimodal machine learning. SCOPS denied NIW but approved advanced degree qualification. The AAO reversed, finding all three Dhanasar prongs met: substantial merit and national importance in AI, petitioner well-positioned, and waiver balances beneficially for the United States.

Financial analyst seeking EB-2 with NIW for financial advisory services initiative. AAO found petitioner lacks advanced degree meeting regulatory standard and proposed endeavor lacks national importance under Dhanasar. Insufficient evidence demonstrated prospective impact on field, employment, or economic benefits at national level.

A biochemist with a Ph.D. in Korean integrative medicine seeks EB-2 national interest waiver. The AAO agreed the proposed endeavor met the first Dhanasar prong but remanded because SCOPS inadequately analyzed the petitioner's h-index, citations, publications, and recommendations for the second prong.

An entrepreneur and computer systems engineer sought NIW classification to operate an IT services company. The appeal was dismissed because the petitioner failed to establish the venture's national importance or that a waiver would benefit the United States, and also lacked advanced degree credentials as initially claimed.

Business management consultant with advanced degree sought EB-2 NIW. AAO dismissed appeal, finding proposed endeavor lacked national importance under Dhanasar first prong. Business plan projections and service to minority-owned small businesses insufficient to demonstrate broader economic or sectoral impact.

A postdoctoral medical researcher with Ph.D. sought EB-2 national interest waiver for machine learning research on disease diagnosis and treatment. The AAO dismissed, holding that despite meeting the first prong, she failed the second prong: no secured funding, primarily collaborative research background, and insufficient evidence of independent success or detailed plan for future activities.

Doctoral researcher in microbiology and bioinformatics sought NIW for EB-2 classification. AAO found proposed research endeavor had substantial merit and national importance, and petitioner was well-positioned to advance it, but dismissed motion to reconsider because petitioner failed to demonstrate expertise significantly above ordinarily encountered in field.

An automotive engineer seeks EB-2 with national interest waiver to develop advanced safety features for vehicles. He claimed impact on road safety and public health but failed to establish broader field applications or how the endeavor transcends organizational level impact. The AAO dismissed the appeal.

An advanced degree professional in a STEM field proposes an endeavor with substantial merit and national importance. The AAO remanded because the service center improperly analyzed whether the petitioner is well-positioned to advance the endeavor and failed to adequately explain the balance-of-benefits analysis under Dhanasar.

A postdoctoral medical researcher seeks NIW for EB-2 to continue postdoctoral research. AAO found the endeavor has substantial merit and national importance but the petitioner is not well-positioned to advance it; she plays a support role, lacks demonstrated funding, and has limited research impact.

Financial advisor and entrepreneur seeking EB-2 with national interest waiver proposes to grow small and medium-sized enterprises and improve tax systems. AAO held she lacked advanced degree eligibility; also did not establish national importance of the specific endeavor, as projections were uncorroborated and methods lacked demonstrated innovation or broader field implications.

Lawyer seeking EB-2 advanced degree classification and national interest waiver to establish legal consultancy for sustainable energy. Claimed substantial merit and national importance for Center for Legal Innovation in Sustainable Energy but failed to demonstrate national importance or specific improvements over existing initiatives. AAO dismissed appeal; first and third prongs not established.

Mechanical engineer researcher self-petitioner sought NIW under EB-2 for thermal battery development research. AAO affirmed first prong met but reversed on second prong, finding PhD degree and citations insufficient to demonstrate she is well-positioned to advance the proposed endeavor.

A chief executive officer with a medical degree sought EB-2 classification and NIW for a healthcare startup. The proposed endeavor met substantial merit but lacked demonstrated national importance. Projections lacked detail; techniques were not shown as sufficiently innovative or distinct; no broad field impact or employment of disadvantaged workers established.

Postdoctoral fellow in biomedical research sought EB-2 NIW with advanced degree. Proposed cancer research endeavor met substantial merit and national importance, but AAO found petitioner not well positioned to advance it: lacking significant funded grant record, evidence of work adoption by others, or comprehensive future plan despite strong academic credentials.