Published AAO appeal decisions

Senior data scientist with Ph.D. in mechanical engineering sought EB-2 national interest waiver for healthcare data science innovation work. USCIS and AAO agreed the proposed endeavor, though having substantial merit, lacked requisite national importance under Dhanasar's first prong. Benefits appeared confined to specific employer rather than field broadly. Appeal dismissed.

Microbiologist self-petitioner sought NIW under EB-2. AAO found first prong met and withdrew SCOPS adverse finding, but dismissed on second prong, holding PhD and citation numbers alone insufficient to show she is well-positioned to advance the proposed microbiological research endeavor.

Nurse proposing clinical safety audit implementation claims national interest waiver. AAO agreed proposal has substantial merit but found no national importance: letters lacked specific evidence that the endeavor offers broader healthcare field implications or substantial positive national economic effects.

A researcher in earthquake science and seismic monitoring sought a national interest waiver of the job offer requirement under the Dhanasar framework. The AAO accepted substantial merit but held the proposed endeavor lacked demonstrated national importance, since broader field benefits and federal priorities did not show his own work's impact. It dismissed the appeal.

Ecologist with PhD seeking EB-2 NIW for climate change research on carbon cycling and greenhouse gas emissions. Claimed endeavor has national importance through field relevance and expert letters. AAO held proposed specific endeavor lacks national importance; evidence addresses field importance rather than prospective impact of particular work.

Graduate student in international law sought EB-2 NIW for online platform expanding African student pathways to U.S. education. AAO dismissed appeal, finding the specific endeavor lacks national importance; modest projected hiring and revenue insufficient for substantial economic impact.

A postdoctoral researcher in geological sciences with Ph.D. sought NIW for AI-enabled subsurface prediction framework for carbon capture. AAO dismissed because the applicant failed to demonstrate the specific proposed endeavor has national importance; general field importance and employer benefits insufficient without showing broader prospective impact.

CEO and entrepreneur in healthcare facility maintenance and waste management seeks to establish cleaning services business in Florida. Claimed endeavor would strengthen healthcare institutions and create jobs. AAO dismissed appeal; AAO also withdrew USCIS determination that petitioner qualifies as advanced degree professional, and found endeavor lacks national importance.

Strategic initiatives manager with advanced degrees in MBA and civil engineering seeks NIW to bridge structural engineering and sustainable infrastructure technology. AAO dismissed finding proposed endeavor lacks national importance despite working in STEM field.

Physician researcher sought EB-2 national interest waiver for endeavor in medical research. AAO found proposed endeavor had substantial merit and national importance but petitioner not well-positioned to advance it. Record showed primarily literature review work without demonstrated original primary research or significant field influence. Appeal dismissed.

Advanced degree professional in Islamic banking and finance seeking national interest waiver. Proposed ethical-finance toolkit for multistate adoption. USCIS and AAO found endeavor meritorious but lacked corroborating evidence of substantial economic effects, field-broad impact, or national importance required under Dhanasar framework.

Training and development specialist sought EB-2 NIW for workforce training endeavor. USCIS found substantial merit but denied, concluding proposed endeavor lacked national importance. AAO dismissed, finding petitioner failed to demonstrate specific endeavor would have broader implications or substantial prospective impact beyond personal business.

Data scientist seeks NIW for developing fraud prevention systems at employer. AAO found proposed endeavor has substantial merit but lacks national importance; employer benefits insufficient to show broader implications for field or economy.

Advanced degree professional in community economic development sought EB-2 national interest waiver. AAO held while endeavor had substantial merit, petitioner failed to establish national importance through sufficient evidence of prospective impact, relying improperly on industry importance alone rather than specific proposed endeavor impact.

Enterprise account engineer sought national interest waiver under EB-2, proposing consulting services to SMEs for cloud migration and cybersecurity modernization. AAO found endeavor lacked sufficient evidence of prospective national importance, focusing on her individual consulting work rather than field-wide or broader economic impact.

Musician and music teacher seeks NIW for EB-2 to establish national network of rhythm therapy centers. USCIS found substantial merit but AAO affirmed no national importance shown; petitioner not well-positioned to advance without evidence of scalable model implementation.

An aircraft technician seeks EB-2 NIW based on exceptional ability and national interest waiver. AAO found the proposed endeavor has substantial merit but lacks national importance. Although the petitioner cited aviation safety and training programs, he did not demonstrate how his specific work or training would produce broad impacts or substantial economic effects at national scale.

A physician seeking EB-2 classification with NIW claimed his proposed endeavor merits waiver of job offer requirement. The AAO held the endeavor lacks sufficient national importance under Dhanasar because it relies on alignment with government priorities rather than demonstrating specific, prospective national impact.

Public health researcher with DrPH degree sought NIW for developing AI agent-based model for hospital emergency department operations. AAO found proposed endeavor met first prong with national importance, but petitioner failed second prong: insufficient evidence of positioning to advance through progress, expertise demonstration, or stakeholder interest.

Chemical engineer seeking EB-2 NIW to start U.S. consulting company. Claimed extensive petrochemical industry experience and customer interest demonstrate national importance and economic impact. AAO held specific proposed endeavor lacks national importance; prior work experience and customer letters relate to second prong, not national importance of proposed venture itself.

Ph.D. computer scientist in machine learning and healthcare sought EB-2 NIW. Claimed research has national importance based on industry relevance and policy alignment. AAO dismissed finding petitioner conflated field importance with specific endeavor impact and failed to show particular proposed research would result in national-level consequences.

Beneficiary is a software engineer at a technology company proposing to work on enterprise connectivity and digital platforms. The AAO found substantial merit but rejected the petition because the beneficiary failed to demonstrate that her specific proposed endeavor has national importance; work benefiting a single employer, even with national footprint, is insufficient.

A power electronics researcher sought EB-2 classification with national interest waiver. The AAO dismissed the appeal because the petitioner failed to define a specific proposed endeavor, instead providing only broad aspirational statements about developing experimental setups for semiconductors, making all three Dhanasar prongs unadjustable.

An aviation pilot and entrepreneur sought NIW to develop flight planning software for general aviation. The AAO dismissed the appeal, finding insufficient evidence of national importance; the proposed endeavor's benefits appeared limited to the petitioner's startup without demonstrating broader impacts on the aviation industry or economy.

Business owner sought NIW to produce non-GMO fruit preserves. Qualified for underlying EB-2 advanced degree classification. AAO dismissed appeal because petitioner failed to demonstrate endeavor has national importance independent of alignment with governmental agricultural priorities; small local operation with fifteen projected employees lacked demonstrable broader economic or industry impact.