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.

Production engineering entrepreneur sought EB-2 NIW for digital marketing and mobile application consultancy. AAO dismissed third motion to reopen and reconsider, finding petitioner failed to establish EB-2 eligibility and national importance through repeated arguments without new evidence.

Advanced degree professional in human trafficking prevention seeking EB-2 national interest waiver. Petitioner established substantial merit but failed to demonstrate national importance of specific proposed endeavor. While human trafficking prevention is federally recognized as priority, petitioner's individual work lacks evidence of prospective national or global impact beyond immediate clients. Appeal dismissed.

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.

Dental and healthcare management consultant sought EB-2 NIW. AAO found record contained conflicting descriptions of proposed endeavor and petitioner lacked evidence of advanced degree or five years qualifying experience. Petitioner did not demonstrate she was well positioned to advance the endeavor; second Dhanasar prong not satisfied.

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.

Pediatric pulmonologist seeks NIW under EB-2 to serve rural and underserved areas addressing shortage. AAO dismissed, finding substantial merit but no demonstrated national importance; critical field shortage and federal healthcare initiatives insufficient without evidence specific endeavor will broadly reduce shortages.

A civil engineer with a master's degree in civil engineering sought EB-2 classification with a national interest waiver. The AAO agreed he qualified as an advanced degree professional but remanded the case because SCOPS made contradictory statements on national importance and provided no analysis for the well-positioned prong, denying him fair notice.

International development specialist with master's in law sought EB-2 with NIW for power sector finance projects. Service center acknowledged advanced degree eligibility. AAO found proposed endeavor lacked specificity and national importance; petitioner's accomplishments misdirected in first Dhanasar prong analysis. Appeal dismissed.

An entrepreneur sought EB-2 exceptional ability classification with NIW. The AAO upheld dismissal because she failed to meet three of six exceptional ability criteria (no qualifying license, insufficient years of experience, insufficient salary, no professional membership). The NIW merits were not addressed.

A medical researcher with advanced degrees in pulmonary medicine sought NIW classification to continue research on idiopathic pulmonary fibrosis and asthma therapeutics. The AAO reversed the service center's denial, finding the proposed research has substantial merit and national importance, the petitioner is well positioned to advance it, and waiving the job offer would benefit the United States.

Airline pilot and flight instructor self-petitioner sought NIW as EB-2 advanced degree professional. Qualified for EB-2 but failed first Dhanasar prong: proposed endeavor of continuing career and addressing pilot shortage lacks national importance despite job creation estimates. Appeal dismissed.

A seismic structural engineer with advanced degrees seeks EB-2 national interest waiver. The AAO found the proposed endeavor had substantial merit and national importance but concluded the petitioner was not well-positioned to advance it because current employment focused on unrelated work, and the balance did not favor waiver.

A software engineer and researcher sought an EB-2 national interest waiver to continue research on molecular materials for water treatment and clean energy storage. The AAO accepted the endeavor's merit and national importance but dismissed the appeal, finding he was not well positioned to advance it despite his doctorate and publications.

An ESL teacher sought EB-2 NIW classification. The AAO dismissed a third motion to reconsider, finding the petitioner reargued previously rejected arguments without establishing error in law or policy. The underlying denial stood because the petitioner failed to demonstrate national importance of his proposed endeavor.

A business administrator with advanced degree seeks EB-2 NIW classification. Petitioner established substantial merit but failed to demonstrate national importance of proposed consulting endeavor. Work would benefit direct clients only without broader industry impact. Appeal dismissed under first Dhanasar prong.

A thermal energy researcher with an advanced degree in physics seeks an NIW for research on high thermal conductivity semiconductors. The petitioner demonstrated substantial merit through peer-reviewed publications with high citations, government research funding, and expert support. The AAO found all three Dhanasar prongs satisfied and sustained the appeal.

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.

A fitness and health professional with advanced degree seeks EB-2 classification with national interest waiver. Petitioner proposed fitness training endeavor. Service center and AAO found no national importance because business plan lacked specificity and independent evidence, and proposed work would impact only clients, not the industry broadly.

Mechanical engineer with advanced degree sought EB-2 with national interest waiver for semiconductor manufacturing advancement. Service center denied without adequate explanation of Dhanasar prongs analysis. AAO remanded for new decision because service center failed to explain rationale and adequately address petitioner's proposed endeavor rather than employment position.

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.

Medical researcher with advanced degree sought national interest waiver for EB-2. AAO held proposed research has substantial merit and national importance but petitioner not well positioned to advance it, lacking documented plan, prior success in similar efforts, or evidence of led funded research projects.

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.

Civil engineer and researcher with Master's degree seeks NIW for waterborne disease framework research. AAO dismissed, finding petitioner met first two Dhanasar prongs but failed the third: while endeavor involves critical emerging technology, evidence did not show national interest urgent enough to waive labor certification.