Published AAO appeal decisions

Machine learning researcher with master's degree sought EB-2 NIW. AAO found substantial merit and national importance of research and that petitioner was well positioned to advance it, but dismissed appeal because urgency of national interest was not established and labor certification remained practicable.

Data scientist with master's degree in computational science proposes NIW for research on ethical AI frameworks. SCOPS determined substantial merit existed but national importance not shown. AAO affirmed, finding insufficient evidence that proposed endeavor rises to national importance level; did not address remaining Dhanasar prongs.

Software engineer with master's degree seeking NIW for cybersecurity work. AAO affirmed SCOPS finding that proposed endeavor lacks national importance under Dhanasar first prong because work limited to employer, not advancing broader industry. Appeal dismissed without reaching second and third prongs.

A public health informatics fellow sought EB-2 NIW classification for self-petitioned waiver. The applicant held an advanced degree but failed to demonstrate national importance of the specific proposed endeavor in the Dhanasar first prong. The appeal was dismissed without addressing other prongs.

Technology entrepreneur with advanced degree seeks NIW for AI-driven cognitive decision support tools for aerospace and aviation. AAO withdrew director's finding on national importance prong, agreeing technology aligns with government priorities. However, petitioner failed to demonstrate record of success as executive or sufficient qualification to lead endeavor as CEO/CTO.

A graduate research and teaching assistant in computer science sought an EB-2 national interest waiver for AI research in medical diagnostics. The AAO dismissed the appeal, finding he did not satisfy the second Dhanasar prong because he lacked adequate graduate credentials, strong publication records, secured research positions, or demonstrated funding.

A petitioner sought NIW EB-2 classification but the service center denied it without adequately analyzing the evidence. The AAO remanded, finding the service center did not properly discuss the petitioner's detailed endeavor description, did not evaluate factors in totality for the second prong, and did not adequately weigh considerations for the third prong.

Employer sponsored beneficiary for EB-2 national interest waiver in product analytics using AI and machine learning. AAO found substantial merit but rejected national importance claim, holding that working in STEM or shortage occupations alone insufficient without broader prospective impacts to national economy.

IT professional with advanced degree sought NIW under EB-2 for STEM research. AAO found first two Dhanasar prongs met but dismissed because petitioner demonstrated ability to secure employment and failed to establish that national interest was urgent enough to waive labor certification requirement.

Computer science researcher sought EB-2 NIW. Petitioner qualified as advanced degree professional and proposed AI and mental health research. AAO dismissed, finding petitioner not well-positioned under Dhanasar prong two; publication and citation rates unexceptional relative to field, and insufficient evidence of progress or sustained interest in proposed endeavor.

A computer vision engineer with Master's in electrical and computer engineering sought national interest waiver for EB-2 classification. AAO found proposed AI research had substantial merit and national importance but concluded petitioner lacked sufficient record of success, detailed plan, or financial means to advance the endeavor.

A researcher with published work seeks EB-2 with national interest waiver to pursue computer science research and lecturer position applying computer science to business processes. She failed to demonstrate her research has national importance or broader field impact and did not establish she is well-positioned to advance the endeavor. The AAO dismissed the appeal.

Computer vision and AI researcher sought EB-2 national interest waiver. AAO found proposed endeavor had substantial merit and national importance, and applicant well positioned to advance it via advanced degree and publication record. However, waiver not warranted: while work involves critical emerging technology, evidence did not show national interest sufficiently urgent to justify forgoing labor certification process.

Software engineer with Ph.D. in electrical and computer engineering sought EB-2 national interest waiver. Director found first prong met but third prong failed. AAO affirmed first prong for research only but withdrew finding on second prong. Petitioner failed third prong: work primarily benefits employer, no evidence labor certification inappropriate, insufficient urgency. Dismissed.

Language testing researcher and machine learning engineer sought EB-2 with national interest waiver. AAO affirmed advanced degree eligibility but dismissed appeal, finding proposed endeavor lacked demonstrated national importance and petitioner not well-positioned to advance it under Dhanasar framework.

A computer scientist filed successive motions to reopen and reconsider an EB-2 national interest waiver denial. The AAO dismissed the second motion, finding no new facts or legal errors; the petitioner confused prospective impact with past achievement and restated previously considered evidence without demonstrating that the proposed endeavor had national importance.

Postdoctoral researcher in wireless communications and networking seeking EB-2 NIW. SCOPS denied; first appeal found substantial merit and positioning but denied waiver on balancing prong. Motion to reconsider granted after AAO recognized Ph.D. in STEM field working on critical emerging technology as strong positive factor for national benefit under revised Dhanasar analysis.

A computer science lecturer and network consultant sought EB-2 with national interest waiver for research and academic roles. The AAO affirmed denial based on failure to demonstrate the petitioner was well-positioned to advance the proposed endeavor; insufficient evidence of funded research or meaningful field impact.

Post-doctoral researcher in human-robot interaction sought national interest waiver for EB-2 classification. AAO found research had substantial merit and national importance but dismissed appeal on second prong, determining petitioner not well-positioned to advance the endeavor; citation history and Ph.D. insufficient without demonstrated government funding or primary grant leadership.

An artificial intelligence researcher with master's and Ph.D. degrees sought EB-2 NIW classification to advance machine learning algorithms for power system security. The AAO found all three Dhanasar prongs met: national importance of the endeavor, applicant's positioning, and net benefit to the United States. Appeal sustained.

IT service business owner from Brazil seeks EB-2 NIW. Claimed advanced degree status and entrepreneur importance in IT sector establish national importance and capacity to advance venture. AAO dismissed on first two prongs: proposed endeavor lacks prospective impact at national level; petitioner lacks sufficient customer interest or demonstrated progress establishing U.S. operations.

A cybersecurity and automation manager with 22 years of experience and an advanced degree sought EB-2 NIW. The AAO dismissed the appeal because although the proposed endeavor had substantial merit and national importance, the petitioner failed to demonstrate he was well-positioned to advance it beyond normal professional expectations.

Technology professional with advanced degree seeks NIW. AAO reversed director's favorable second-prong finding and affirmed denial: applicant failed to provide sufficient detail on specific proposed endeavor; letters referenced past experience but not concrete U.S. business plans required for Dhanasar analysis.

A computer systems engineer sought EB-2 NIW to provide IT consulting services. The AAO withdrew the advanced degree professional determination due to insufficient employment documentation, then dismissed on finding she was not well positioned to advance her endeavor. Evidence lacked demonstrated customer interest and did not adequately connect certifications to her ability to advance the proposed work.

Cyber-physical systems consultant seeks EB-2 national interest waiver for neuroscience research collaboration applying information technology to monitor consciousness restoration. AAO held petitioner failed second prong; lacked evidence of significant role in funded research, primary grant contacts, or demonstrated record of success advancing proposed medical device endeavor.