Published AAO appeal decisions

Entrepreneur self-petitioner sought NIW for medical billing and revenue cycle management business. SCOPS found substantial merit but not national importance. Petitioner appealed with only generalized error statements without developing arguments for any Dhanasar prong. Appeal dismissed for waived arguments and failure to meet burden.

Senior engineering program manager with advanced degree seeks NIW for research on electromechanical systems including motor design, hybrid vehicle powertrains, and aerospace monitoring. SCOPS approved advanced degree qualification and substantial merit but denied national importance. AAO upheld dismissal, finding insufficient evidence of broader field impact or economic effects rising to national importance.

A statistician with an approved labor certification sought a national interest waiver to develop statistical methods for biomedical discovery and clinical trials. The AAO dismissed the appeal, holding expert letters lacked persuasive corroborating evidence that his specific proposed endeavor would achieve national importance in biomedical science.

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.

An entrepreneur seeking EB-2 national interest waiver proposed developing zeolite-based fertilizers, filters, and supplements for agriculture and energy sectors. AAO dismissed the appeal, finding insufficient evidence that his specific endeavor would have national importance or broad field impact beyond promotional materials and general letters.

Industrial engineer seeking EB-2 with national interest waiver for modular oil and gas facility modernization work. Petitioner claimed national economic and environmental benefits. AAO held proposed endeavor lacked sufficient direct evidentiary tie to claimed benefits and national importance.

An industrial engineer sought EB-2 national interest waiver for manufacturing technology in recycled composites. The AAO dismissed the appeal, finding the petitioner established national importance of the endeavor but failed to demonstrate he was well-positioned to advance it, lacking documented record of success or demonstrated customer interest.

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.

A microelectronics engineer with a master's degree sought EB-2 national interest waiver for research on hardware for AI data centers. The AAO found the proposed endeavor had substantial merit and national importance but concluded the petitioner lacked sufficient expertise advancement credentials and that waiving job requirements would not benefit the nation.

A software engineer at an energy company sought EB-2 NIW for offshore infrastructure modernization work using digital-twin modeling. AAO found endeavor had substantial merit and national importance, and beneficiary was well positioned, but denied waiver because petitioner did not establish that labor certification was incompatible with the work.

Research scientist with advanced degree sought EB-2 with national interest waiver for optimization and operations research. Decision found proposed endeavor has substantial merit and national importance but concluded she lacks sufficient record of success to be well positioned to advance it.

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.

Pediatric resident with master's and medical degrees sought EB-2 NIW for translational research on fetal cardiology. AAO found national importance established but dismissed because petitioner lacked demonstrated record of research success, field attention, and current prospects needed to be well positioned.

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 mathematician with a Ph.D. sought an EB-2 national interest waiver for mathematical research with government initiative alignment. The AAO agreed the proposed endeavor meets the first Dhanasar prong but found the petitioner is not well-positioned to advance it due to unclear employment status, unclear research duties, and insufficient evidence of available funding and institutional 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.

Energy policy analyst with master's degree sought EB-2 with national interest waiver to research energy policy reforms. The AAO dismissed the appeal because the petitioner failed to establish the proposed endeavor has national importance, lacking concrete evidence of economic impact, employment creation, or differentiated methodology from existing research.

Biotechnology researcher proposes developing genomic editing tools for disease modeling and gene therapy targeting neurodegenerative and autoimmune disorders. AAO found the endeavor has substantial merit but rejected it because the record fails to establish the proposed endeavor's prospective impact or national importance, relying instead on general industry importance.

A postdoctoral neuroscience researcher seeking national interest waiver for EB-2 advanced degree petition demonstrated the first Dhanasar prong: substantial merit and national importance of her proposed research. However, she failed the second prong because her academic accomplishments, citations, and letters of support were insufficient to show she is well positioned to advance the endeavor. Appeal dismissed.

A civil engineering company CEO sought EB-2 classification with a national interest waiver. Under the Dhanasar framework, the AAO found the proposed consulting endeavor lacked demonstrated national importance with broader implications, failing the first prong and requiring dismissal.

Entrepreneur seeks NIW for EB-2 classification to operate business consulting and professional development company. AAO dismissed appeal, finding proposed endeavor lacks national importance despite alignment with federal programs; focus on specific undertaking rather than general business importance is determinative.