Published AAO appeal decisions

A semiconductor technology researcher with a Ph.D. sought NIW under Dhanasar. USCIS denied, finding advanced degree qualification but failing all three Dhanasar prongs. AAO remanded, finding USCIS did not meaningfully evaluate the record or address petitioner's evidence.

Software engineer proposing AI infrastructure development for large language models advancing U.S. innovation seeks NIW under EB-2. AAO remanded because record was incomplete with illegible exhibits and SCOPS did not fully evaluate all three Dhanasar prongs. Petitioner to resubmit clear copies and articulate national importance and balance analysis.

A technology corporation sponsored an engineer for EB-2 with NIW to advance wireless RF digital module design. The petitioner failed to address the third Dhanasar prong (balance favoring waiver) including labor certification impracticality; the appeal arguments were limited and did not meaningfully contest the service center's denial. The appeal was dismissed as the third prong is dispositive.

Cybersecurity professional with Master's degree sought EB-2 national interest waiver without job offer. AAO affirmed denial, finding the proposed endeavor lacked national importance despite claimed expertise in enterprise platforms. Unsupported assertions about billion-dollar transactions and strategic alignment insufficient without corroborating evidence of specific prospective impact.

A research scientist with a master's degree in electrical and computer engineering sought an NIW for EB-2 classification. The AAO found the proposed endeavor had substantial merit and national importance but dismissed because the petitioner lacked a concrete plan and employment pursuit evidence to demonstrate he was well-positioned to advance it.

AI engineer self-petitioner sought NIW based on broad plans to advance AI and exponential technologies for healthcare and general use. AAO found no specific proposed endeavor: petitioner discussed general intentions without particularizing data-driven tools, efficiency gains, or LLM inference work. Appeal dismissed; favorable prong determinations withdrawn without specific endeavor.

Research engineer seeks NIW under EB-2 to conduct research in vehicle safety, renewable energy, and data centers. AAO dismissed, finding substantial merit but insufficient evidence of national importance; research activities limited to employer and clients without demonstrated broader implications.

Computer science PhD studying efficient AI model deployment met first Dhanasar prong on substantial merit and national importance. However, AAO found insufficient evidence of being well positioned to advance the proposed endeavor through citations, letters, and research record. Third prong not reached. Appeal dismissed.

A machine learning engineer with a master's degree sought EB-2 NIW for research into autonomous driving and robotics systems. The AAO confirmed he met the advanced degree requirement and that his endeavor had substantial merit, but rejected the petition because his proposed research lacked sufficient evidence of national importance under Dhanasar's first prong.

Computational fluid dynamics researcher with advanced degree sought national interest waiver as EB-2. Petitioner proposed research on thermal management systems. AAO dismissed appeal, finding inadequate evidence of research success, sustained government funding interest, or detailed plan for advancing proposed endeavor.

A systems engineer sought NIW to design cybersecurity frameworks for U.S. energy and oil-gas infrastructure. The AAO dismissed the appeal, finding the proposed endeavor scope too broadly defined and implausible, and that general cybersecurity importance did not establish the specific endeavor's national importance.

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.

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.

Assistant professor with Ph.D. in computer science proposing STEM research endeavor claiming national interest waiver. AAO dismissed appeal, finding petitioner not well-positioned to advance the endeavor; peer review is common academic activity, funding sources unclear, research citations narrowly circulated, insufficient evidence of feasibility or field impact.

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.

A computer scientist with master's degree sought an EB-2 national interest waiver for research in network architecture for data centers. The AAO dismissed, finding the petitioner established substantial merit but failed to prove national importance of the specific proposed endeavor despite industry relevance.

Semiconductor engineer with advanced degree in physics seeks EB-2 national interest waiver. Proposed developing semiconductor chips for telecommunications and computing. AAO found endeavor aligned with industry priorities but lacked demonstrated substantial national importance beyond incremental contributions. Appeal dismissed.

Research and development manager in software engineering from China working on machine learning for insurance industry risk assessment. Met first Dhanasar prong on substantial merit and national importance but failed second prong; citations and education alone insufficient to demonstrate well-positioned status. Appeal dismissed.

A computer scientist with Ph.D. in STEM sought EB-2 national interest waiver for research endeavor. The AAO dismissed, finding he failed the second Dhanasar prong. Though his Ph.D. and publications were favorable factors, he lacked consistent independent research funding or demonstrated government interest to advance his proposed endeavor.

A Ph.D. student in informatics sought NIW for EB-2 classification with advanced degree. The AAO dismissed appeal after finding the proposed AI research endeavor lacks national importance. Field importance and STEM or critical emerging technology status alone do not establish specific endeavor's national importance.

Computer scientist with Ph.D. in computer and information engineering seeks NIW for EB-2 to conduct machine learning and optimization research. AAO sustained appeal, finding all three Dhanasar prongs satisfied because SCOPS misconstrued proposed endeavor and undervalued contributions to critical STEM technology advancement.

Machine learning engineer with PhD in electrical and computer engineering seeks NIW for EB-2 employment-based classification. Proposed research in safe and fair AI algorithms for autonomous and recommendation systems. AAO found research had national importance but petitioner lacked demonstrated position, track record, and plan to advance the specific endeavor; appeal dismissed.

An optical imaging engineer self-petitioned for EB-2 NIW. The AAO affirmed that while the endeavor had substantial merit and national importance, the petitioner failed to establish he was well-positioned to advance it due to insufficient evidence of future plans, funding, or investor interest.

An employer petitioned for an EB-2 national interest waiver for a machine learning engineer developing deep learning and NLP models. The AAO dismissed the appeal, finding the petitioner established substantial merit but failed to demonstrate that the specific proposed endeavor had national importance despite evidence of AI field importance.

Information security specialist with master's degree sought NIW for cybersecurity consulting startup. Appeal dismissed because petitioner failed to establish national importance of proposed endeavor beyond personal employment and failed to demonstrate being well positioned to advance it.