Published AAO appeal decisions

An optical physicist with a master's degree sought NIW for research in optical sciences. The AAO found the research has substantial merit and national importance but dismissed the appeal because the petitioner failed to demonstrate being well-positioned to advance the proposed endeavor.

Brazilian-trained attorney sought NIW for family law mediation practice in Delaware. Qualified for underlying EB-2 advanced degree classification. AAO affirmed dismissal because petitioner failed to show proposed endeavor has national importance, lacking evidence of broader impact beyond local services or how foreign law expertise benefits U.S. practice.

A rigging artist and entrepreneur in entertainment sought EB-2 classification with a national interest waiver. The AAO affirmed dismissal because his proposed endeavor lacks national importance despite working in an important field, and he failed to demonstrate he is well positioned to advance it through education, planning, or demonstrated progress.

A mechanical engineering researcher with an advanced degree sought EB-2 national interest waiver. AAO dismissed the appeal, finding she was not well-positioned to advance her proposed sustainable energy research endeavor, and declining to reach the first and third prongs.

Chemical engineer with Ph.D. seeks NIW for renewable synthetic fuels research under Dhanasar framework. First prong met: proposed endeavor has substantial merit and national importance. Second prong failed: education alone insufficient; citations lack comparative metrics; no demonstrated record of research success at level required.

Human resources specialist seeks EB-2 NIW claiming innovative HR methodologies would benefit U.S. business landscape and job creation. AAO affirmed denial because while endeavor has substantial merit, petitioner failed to demonstrate national importance through specific prospective impact or connection to broader national implications.

A researcher in wireless charging technology for smartphones sought EB-2 NIW classification. The AAO dismissed the appeal, finding the petitioner established substantial merit and was well-positioned to advance the endeavor, but failed to demonstrate national importance. Letters lacked corroboration and specific evidence of broader impact on industry, economy, or national security.

A researcher with a master's degree in electrical engineering sought EB-2 NIW for research in wireless charging technology for smartphones. The AAO confirmed the advanced degree requirement and substantial merit but rejected the petition because uncorroborated expert assertions about national importance were insufficient; the technology's impact was limited to employer, licensees, and customers, not national impact.

Educator proposing nationwide framework for teacher quality and early childhood education, seeking EB-2 NIW. AAO held petitioner failed Dhanasar prong two: insufficient evidence of being well positioned to advance endeavor given limited experience and lack of stakeholder support from relevant officials.

Quantitative researcher with doctorate in statistics seeks NIW for EB-2 classification to develop statistical methodologies for big data research. AAO dismissed appeal, finding proposed endeavor lacks national importance; work restricted by employer covenants and lacks dissemination beyond employer and clients.

A designer and entrepreneur seeks EB-2 national interest waiver for AI-powered user experience and smart footwear technology. The AAO dismissed because although the endeavor has substantial merit in technology and business, the petitioner failed to establish its national importance, presenting vague claims across multiple industries without sufficient focused prospective impact.

Graduate student researcher in artificial intelligence claimed exceptional ability and national interest waiver. Service center denied without analyzing national importance or waiver discretion. AAO remanded for complete Dhanasar analysis, finding service center misidentified the proposed endeavor and failed to assess specificity and prospective impact.

Clinical laboratory scientist proposes AI forecasting models to address blood-bank shortages. AAO held endeavor has national importance but petitioner not well positioned to advance it: lacks demonstrated AI capabilities, formal machine learning education, and progress evidence despite prior statistics coursework and media attention.

Business management consultant with advanced degree seeks NIW. Petitioner claimed proposed management consulting services support federal priorities and address industry shortage. AAO held proposed endeavor lacks sufficient evidence of national importance, broader field implications, or substantial economic effects required under Dhanasar first prong.

Project engineer seeking EB-2 NIW for advanced simulation software development in mechanical engineering. AAO found proposed endeavor has substantial merit but lacks national importance; impact on field insufficient and not extending beyond employer to justify waiver. Appeal dismissed.

Engineering graduate student self-petitioner sought NIW for AI research using linguistics and game theory. AAO dismissed appeal, finding proposed endeavor lacked specific details and documented prospective impact required to establish national importance under Dhanasar first prong.

Senior scientist in translational medicine with advanced degree sought EB-2 with national interest waiver for research on novel therapies and diagnostics. AAO reversed denial on first prong but dismissed appeal because petitioner failed to establish being well-positioned to advance the endeavor.

Civil and environmental engineer proposes infrastructure and sustainability research advancement. AAO held first prong met but second prong not met; petitioner's publications and citations lack evidence of implementation, government funding, or demonstrated progress toward advancing the specific proposed endeavor.

An interior designer sought EB-2 NIW to establish nonprofit organization promoting sustainable design through education and workshops. AAO affirmed denial, finding petitioner failed to demonstrate she was well positioned to advance the nonprofit endeavor due to insufficient evidence of current efforts and lack of secured funding.

A medical science liaison proposing a new medical consulting and training business sought a national interest waiver. The AAO dismissed the appeal, finding the proposed endeavor lacks national importance due to insufficient documentation of prospective impact and benefits limited to the business and clients rather than broader healthcare industry.

Civil engineer sought EB-2 NIW for concrete innovation solutions in wet areas and flood zones. SCOPS found national importance but AAO disagreed and reserved that issue. Appeal dismissed because petitioner failed second prong: bachelor's degree insufficient, unsupported conclusory letters, no demonstrated partnerships or customer interest.

Information technology researcher with advanced degree sought NIW. AAO dismissed appeal, finding proposed endeavor has national importance but petitioner lacks relevant expertise, clear research plan, and demonstrated funding success needed to be well-positioned to advance it.

Postdoctoral candidate in electrical engineering with Master's degree sought EB-2 NIW for research in machine learning applications. AAO affirmed Service Center denial, finding endeavor has national importance but petitioner is not well positioned to advance it, lacking sufficient evidence of field influence or relevant party interest.

Graduate research assistant in cybersecurity self-petitions for EB-2 NIW. Proposes autonomous vehicle security research with substantial merit and national importance. AAO finds insufficient evidence of deployment impact, citation comparisons, or progress rendering her well positioned to advance the endeavor.

An aerospace engineer with a Ph.D. seeking EB-2 with NIW for fatigue/damage tolerance research demonstrated the first Dhanasar prong but failed the second, lacking evidence his work influenced the field or represented record of success in advancing the endeavor.