Published AAO appeal decisions

A neuroscience researcher with a Ph.D. in neurobiology and six years of postdoctoral experience sought an EB-2 national interest waiver for research on neuropathic pain. The AAO reversed the service center's denial, finding the proposed endeavor had substantial merit and national importance, the petitioner was well positioned to advance it, and a waiver would benefit the United States.

Actuarial associate sought EB-2 with national interest waiver to provide AI and machine learning solutions improving pension program solvency for public servants. The AAO dismissed, holding the petitioner failed to demonstrate the proposed endeavor has national importance; letters of support and general field importance do not establish the specific endeavor's broader implications.

Aerospace engineer and robotics researcher sought EB-2 with national interest waiver to research autonomous decision-making algorithms. The AAO found the proposed endeavor had substantial merit and national importance but dismissed the appeal because the petitioner failed to show he was well positioned to advance the research through publications with minimal citations and insufficient evidence of research impact.

Veterinarian entrepreneur seeks EB-2 national interest waiver to establish rural veterinary services firm in New York. Proposed providing affordable livestock veterinary care and food safety services. AAO found endeavor has substantial merit but lacks national importance; projected employment and revenue insufficient to demonstrate impact beyond local clients.

AI manufacturer petitioned for beneficiary's EB-2 national interest waiver. Beneficiary qualified for underlying EB-2 but failed NIW Dhanasar first prong; proposed work lacked demonstrated national importance and broader implications beyond company and clients.

A musician and music educator sought EB-2 immigrant classification with national interest waiver. SCOPS established advanced degree eligibility but denied the waiver. The AAO remanded because SCOPS failed to sufficiently analyze the three Dhanasar prongs and did not put the petitioner on notice of evidentiary deficiencies.

Civil engineer with Ph.D. sought NIW for research on structural reliability and truck platooning safety. AAO found endeavor had substantial merit and national importance but dismissed appeal because petitioner failed to show he was well positioned to advance it or that waiving labor certification would benefit the nation.

Electrical engineer sought NIW for research on power grid efficiency and sustainability. AAO dismissed appeal because proposed endeavor lacks national importance despite alignment with climate goals, and evidence demonstrates past qualifications rather than prospective impact of specific proposed work.

Electrical engineer with doctoral degree proposes power grid research on renewable energy integration. AAO found substantial merit and national importance met, but rejected well-positioned prong due to insufficient evidence of research success and impact, and rejected balance prong as contributions do not outweigh labor certification benefits.

A systems engineering specialist and IT entrepreneur sought NIW classification for a software solutions consultancy firm. The AAO remanded because the service center misidentified the endeavor as language education, failed to analyze evidence regarding national importance, and provided insufficient explanation of its findings, preventing meaningful appellate review.

Employer-sponsored semiconductor engineer with master's degree seeks EB-2 national interest waiver for system-level test development work. Claimed endeavor has national importance due to semiconductor industry value and testing standard implications. AAO found importance of field insufficient; specific proposed endeavor lacks demonstrated broader prospective impact.

Graduate student in epidemiology sought EB-2 with national interest waiver for research on cancer and aging-related diseases. AAO found the proposed research endeavor had national importance but dismissed the appeal because the petitioner, as a student without principal investigator experience or concrete evidence of pursuing postdoctoral employment, was not well-positioned to advance it.

Aging services manager with recent advanced degree seeks EB-2 NIW to advance elder care nationally. AAO dismissed because petitioner failed to establish that proposed endeavor has national importance or that she is well-positioned to advance it; lacks innovation evidence, customer interest, or realized progress.

An electrical engineer with a foreign Master's degree sought EB-2 classification with national interest waiver. The AAO dismissed the appeal, finding the proposed research endeavor lacks the national or global implications required to establish national importance, and the petitioner is not well-positioned to advance it.

An accountant with advanced degree sought NIW under EB-2. Service center analyzed wrong proposed endeavor (electrical engineering instead of financial consulting). AAO remanded because the denial did not address the petitioner's actual endeavor, noting the accountant's proposed financial consulting work likely does not meet Dhanasar's three prongs.

Senior data analyst seeks NIW for EB-2 classification to develop machine learning models for diabetes risk prediction. AAO dismissed appeal, finding petitioner failed to demonstrate national importance of proposed endeavor and insufficient evidence of being well positioned to advance it despite holding master degrees and modest publication record.

Computer science researcher with master's degree in statistics seeks EB-2 national interest waiver for AI-driven medical imaging and prediction models development. SCOPS improperly evaluated first prong by conflating proposed endeavor with petitioner's employment history and applying second-prong factors. AAO remanded for reconsideration of whether specific endeavor has prospective national importance.

A graduate student in biomedical engineering seeks NIW for research on photoacoustic imaging in clinical settings. The AAO found the endeavor has substantial merit and national importance but dismissed because the petitioner did not demonstrate she is well-positioned to advance it, lacking a Ph.D., documented employment, or evidence of progress or investor interest.

Computer scientist with master's degree in engineering proposed advancing AI research in deep learning for data analysis and virtual assistants. AAO found endeavor has substantial merit and national importance but petitioner is not well positioned to advance it due to insufficient record of success and impact. Appeal dismissed on second prong failure.

An artificial intelligence researcher sought EB-2 with national interest waiver without labor certification. The AAO affirmed the service center's finding that the proposed research endeavor lacked the substantial merit and national importance required under Dhanasar's first prong, dismissing the appeal.

Computer scientist employed as engineering associate proposed developing proprietary software for AI safety and trust. AAO affirmed denial because proposed work lacked national importance, benefiting only the specific employer despite national footprint, even though petitioner was well positioned.

Attorney specializing in intellectual property and cybercrime seeking EB-2 NIW proposed consulting business with claimed job creation and tax benefits. AAO dismissed, finding endeavor lacks sufficient national importance and evidence does not demonstrate broader impact on field beyond specific business and clients.

AI robotics entrepreneur claims EB-2 exceptional ability. Petitioner meets advanced degree criterion but fails to meet three of six exceptional ability criteria required for classification. Bachelor's degree in aeronautics not demonstrated to relate to robotics endeavor. Comparable evidence for remaining criteria insufficient. Categorical ineligibility established; NIW not reached.

Graduate research assistant in cybersecurity sought EB-2 with NIW for autonomous vehicle security research. AAO found substantial merit but dismissed because petitioner failed to establish national importance of specific proposed endeavor or demonstrate being well-positioned to advance it under Dhanasar framework.

Physician-researcher proposing cancer research claims national interest waiver. AAO found first prong met: research has national importance. However, second prong failed: evidence from references lacked specific examples of research impact or progress, and citation metrics did not adequately demonstrate exceptional success.