Published AAO appeal decisions

An aerospace quality engineer sought NIW claiming his work on quality standards and mentoring would benefit the aviation industry. The AAO dismissed the appeal because he failed to establish that his specific proposed endeavor had national importance beyond typical occupational duties.

A research and design engineer supporting U.S. defense and aerospace industries sought EB-2 national interest waiver. The AAO found his proposed endeavor has national importance, he is well positioned to advance it through relevant education and experience, and the balance favors waiver given strategic national interests.

Self-petitioner, electrical engineer with Ph.D., seeks national interest waiver for EB-2 to develop computer-aided design tools for IC packaging design. Petitioner holds advanced STEM degree but failed to establish being well-positioned to advance proposed research; lacked specificity linking past work to endeavor and did not demonstrate field impact or funding generation comparable to precedent.

Computer scientist with advanced degree sought EB-2 NIW for data warehouse and machine learning research. AAO held proposed research lacked sufficient detail and documentation to demonstrate national importance beyond employer; relied on petitioner's own statements without corroborating evidence.

Biochemistry graduate student seeks NIW waiver for antibiotic resistance research endeavor. Service center denied waiver, finding advanced degree established but national importance and waiver benefit not shown. AAO remanded for fuller analysis of Dhanasar prongs, noting service center overlooked expert letters and inadequately addressed evidence.

A fraud data analyst with advanced degree sought EB-2 national interest waiver for work developing machine learning fraud detection models. She claimed the work addresses important fraud prevention and financial risk. The AAO dismissed, holding her employer-specific role lacks evidence of broader national implications, novel technologies for field-wide adoption, or prospective impact beyond her current position.

Software development entrepreneur seeking NIW for establishing company in United States. Claimed proposed endeavor has national importance through job creation and economic effects. AAO found endeavor lacks sufficient national importance; broad assertions about economic benefits insufficient. Appeal dismissed.

Conflict resolution consultant with master's degree in global development and peace seeks NIW. AAO dismissed appeal because proposed endeavor, though with substantial merit, lacks sufficient evidence of broader field impact and qualitative significance required for national importance under Dhanasar.

Research associate with master's in mechanical engineering sought EB-2 NIW to continue carbon capture and sustainable aviation fuel research. First prong met. AAO affirmed second prong failure: education strong but lacks Ph.D., plan insufficient, no documented role in obtaining funding; appeal dismissed.

A civil engineer proposed research on traffic safety analysis methods. The AAO held the specific endeavor lacks national importance despite relating to a valued field; the endeavor did not demonstrate broader field impact or prospective significance required by Dhanasar's first prong. Appeal dismissed.

Computer science graduate proposes research on neuroinformatics, obesity, and Alzheimer's disease with healthcare applications. AAO dismissed appeal finding proposed endeavor lacks sufficient evidence of broader field impact for national importance and petitioner insufficient prior success demonstrating ability to advance the research.

Business development manager seeks NIW under EB-2 to create social networking platform enhancing local small business interactions. AAO dismissed, finding substantial merit but insufficient evidence of national importance; hiring four employees and claimed mental health benefits lack broader field implications.

Associate director in international supply chain operations seeking EB-2 national interest waiver. Service center found advanced degree qualification but denied waiver. AAO affirmed, holding that supply chain management work, despite general field importance, does not demonstrate specific national importance under Dhanasar first prong.

A software developer and entrepreneur with a Ukrainian master's degree sought EB-2 NIW classification for an all-in-one technology agency serving startups and small businesses. The AAO affirmed denial, finding the endeavor had substantial merit but lacked national importance as the petitioner failed to demonstrate broader implications or significant economic effects without supporting evidence.

Biomedical researcher seeks EB-2 with national interest waiver. AAO found proposed research endeavor has substantial merit and national importance but concluded petitioner lacks adequate credentials, publications, and documented education to be well positioned to advance it. Appeal dismissed on second prong failure.

A relationship manager with advanced degree seeks NIW claiming to improve financial access and security through Islamic finance services. AAO affirmed denial because the petitioner failed to establish national importance of the specific proposed endeavor, lacking sufficient detail about strategies and prospective nationwide impact.

Civil engineer and entrepreneur sought NIW for EB-2 advanced degree to operate a real estate technology startup focused on affordable housing. AAO found endeavor lacked national importance because record did not sufficiently demonstrate prospective impact at national or industry level, and petitioner was not well-positioned to advance it.

A biomedical engineering graduate research assistant sought NIW EB-2 classification for livestock safety research. The AAO found the proposed endeavor had substantial merit and national importance but dismissed the appeal because the petitioner failed to demonstrate he was well positioned to advance the endeavor, lacking a demonstrated record of research success.

An aircraft maintenance technician sought NIW for EB-2. The AAO found the proposed endeavor met the first Dhanasar prong on national importance but dismissed for failing the second prong. The petitioner lacked documented evidence of company existence, adequate funding, and a credible team to advance the proposed business.

Software developer and entrepreneur sought EB-2 with national interest waiver to establish software automation services firm in Florida. AAO dismissed the appeal, finding the proposed business lacked national importance because petitioner provided only unsupported assertions and business projections without demonstrating broader industry impact or substantial economic effects beyond serving individual clients.

Computer scientist with master's degree seeking EB-2 national interest waiver for research on optimization algorithms in machine learning. AAO dismissed, finding proposed endeavor lacked national importance; evidence showed importance of field, not specific petitioner's work beyond employer.

An industrial engineering developer of data models sought EB-2 with national interest waiver. The AAO affirmed denial because his on-the-job research lacked national importance, benefiting only his employer and customers without broader field implications; prior NSF funding does not establish national importance of new proposed endeavor.

Software engineer with master's in computer science sought EB-2 NIW for developing secure healthcare software. AAO held endeavor lacked national importance despite alignment with federal priorities, and petitioner not well-positioned without demonstrated interest from relevant parties or detailed plans.

A data scientist with a doctorate in computer science sought an EB-2 NIW by proposing AI-driven drug discovery research. The AAO reversed SCOPS' denial, finding the proposed endeavor clearly described with substantial merit and national importance, and remanded for reconsideration of whether the balance favors waiver.