Published AAO appeal decisions

An artificial intelligence researcher with a master's degree seeks NIW for research on machine learning techniques for privacy and autonomous model updating. Claimed all three Dhanasar prongs. AAO sustained appeal, finding the proposed research has substantial merit and national importance, petitioner is well-positioned through publications and patents, and waiving job offer would benefit U.S. technological advancement.

Software developer self-petitioner sought NIW for startup company. AAO found proposed endeavor lacked specific national importance beyond job creation statistics and company impact was not demonstrated. Petitioner's technical expertise insufficient to show capability running business venture without entrepreneurial track record.

IT analyst and entrepreneur sought EB-2 national interest waiver to develop an IT venture. AAO affirmed denial because petitioner failed to demonstrate she was well positioned to advance her proposed endeavor, lacking sufficient educational credentials, customer or investor interest, and early operational progress despite meeting the substantial merit prong.

A research scientist pursuing a Ph.D. in advanced computing sought an EB-2 national interest waiver. The AAO sustained the appeal, finding the proposed research in machine learning and process optimization has substantial merit and national importance, the petitioner is well-positioned to advance it given his expertise and track record, and waiving the job offer requirement would benefit the United States.

Machine learning researcher with Ph.D. seeking NIW for EB-2 classification. Proposed algorithms and system optimization research. AAO held first prong met but petitioner failed second prong; education alone insufficient; lacked evidence of significant grant leadership, documented field impact, or sustained industry interest.

A database engineer with MBA sought NIW for freelance work and founding an online IT school. AAO dismissed appeal, finding the proposed endeavor lacked national importance and petitioner was not well positioned to advance the online school despite having relevant experience and business background.

A systems engineer sought EB-2 national interest waiver for advanced degree. The AAO dismissed the appeal, finding the petitioner satisfied the first Dhanasar prong regarding substantial merit and national importance but failed the second prong: insufficient evidence he is well positioned to advance the proposed endeavor.

Electrical engineer seeks NIW for EB-2 based on advanced degree. Petitioner proposed research on computer network frameworks. AAO found proposed endeavor had substantial merit and national importance under Dhanasar prong one. However, AAO held petitioner failed prong two: insufficient evidence demonstrated he was well positioned to advance the research despite Ph.D., publications, and citations. Appeal dismissed.

Computer science researcher sought national interest waiver for EB-2. Petitioner claimed substantial merit and national importance of system software research, capability to advance it, and favorable balance for U.S. benefit. AAO sustained, finding all three Dhanasar prongs met based on documented research impact and expertise.

A computer engineering researcher with a Ph.D. sought a national interest waiver under Dhanasar. The AAO found his proposed high-performance computing research had substantial merit and national importance but that he failed the second prong, having not demonstrated sufficient impact or interest among peers, and thus dismissed the appeal.

Post-doctoral researcher in computer-aided drug discovery sought EB-2 with national interest waiver. AAO found proposed research had substantial merit and national importance but dismissed appeal, holding petitioner not well-positioned to advance business endeavor; insufficient evidence of company interest or investor support.

Research and development engineer sought EB-2 national interest waiver. Petitioner established advanced degree and was well positioned to advance proposed engineering and software work. However, failed to demonstrate prospective impact beyond company clients sufficient for national importance. Appeal dismissed.

University petitioned for software engineer's EB-2 national interest waiver. Engineer designed web interface for high-performance computing platform supporting scientific research. Decision found substantial merit, national importance of cyberinfrastructure project, strong positioning to advance it, and net benefit to United States from waiving labor certification.