Published AAO appeal decisions

A software engineer seeking EB-2 national interest waiver for digital platform work claimed national economic and security implications. The AAO dismissed, finding petitioner worked in important field but failed to establish how specific endeavor would result in broader implications or direct attribution of national impact to petitioner's work.

Senior security engineer claiming extraordinary ability in IT security. Petitioner claimed seven criteria but satisfied only two: judging and high salary. AAO dismissed appeal, finding insufficient evidence of national or international recognition, outstanding achievements through memberships, or published materials meeting regulatory standards. Record lacks evidence of sustained acclaim placing petitioner at field's top.

Language testing researcher and machine learning engineer sought EB-2 with national interest waiver. AAO affirmed advanced degree eligibility but dismissed appeal, finding proposed endeavor lacked demonstrated national importance and petitioner not well-positioned to advance it under Dhanasar framework.

Software developer and entrepreneur claiming extraordinary ability under EB-1A. Met three initial criteria: judging, scholarly articles, and leading role. AAO dismissed appeal, finding insufficient evidence of sustained national or international acclaim or that petitioner ranks among small percentage at field's top.

An employer petitioned for EB-2 national interest waiver for a software engineer specializing in thermal management for electric vehicles. The AAO dismissed, finding the specific proposed work lacked evidence of broader industry or field implications rising to national importance, despite the importance of electric vehicle development and sustainability goals generally.

A gaming electronics company sought extraordinary ability classification for a foreign game design lead, claiming five criteria. The AAO found two criteria met (leading role and high salary) but rejected awards and published material claims and found insufficient sustained individual acclaim, dismissing the appeal for failing the three-criterion threshold.

Software and systems architect in autonomous vehicle technology sought NIW. AAO dismissed because although the field has national importance, the petitioner failed to show his specific proposed work would impact the industry broadly; benefits to employer and business partners alone do not satisfy national importance.

An IT business analyst seeks an EB-2 NIW to operate an identity management consulting startup as CEO. The AAO dismissed, finding the proposed business lacks national importance despite its competent leadership and valuable client services.

Research scientist with PhD in materials science seeking EB-1A classification claimed to meet three of ten regulatory criteria. AAO found she met judging and scholarly articles criteria but failed to demonstrate original contributions of major significance. Appeal dismissed because petitioner has not shown sustained national or international acclaim required for extraordinary ability.

Design release engineer for automotive company sought NIW for work on electric vehicle and autonomous vehicle systems. AAO held beneficiary's specific engineering role, though in important industry, lacks demonstrated broader implications or national importance distinct from general employer significance.

Machine learning engineer with advanced degree seeks NIW. Claimed AI research would advance field and generate healthcare savings with national importance. AAO found vague descriptions of intended research without specific details or documentation of prospective impact; working in important AI field alone insufficient without demonstrating specific endeavor's national importance.

IT auditor with advanced degree seeks NIW for cybersecurity and AI consulting endeavor. SCOPS revoked approval, concluding endeavor lacks national importance. AAO affirms that petitioner failed to demonstrate national importance; proposed work extends only to employer and customers without evidence of regional or national economic impact or innovation significance.

Cybersecurity entrepreneur proposed establishing a consulting company under EB-2 with NIW. AAO dismissed appeal, finding the proposed endeavor lacks sufficient national importance because services would not extend beyond the client base, provide substantial economic effects, or represent significant market share in the field.

A software engineer with a master's degree seeks EB-2 with NIW for cloud computing and STEM education contributions. SCOPS approved the underlying EB-2 and second prong but denied the waiver. The AAO dismissed because the proposed endeavor lacks sufficient national importance under Dhanasar's first prong.

A bioinformatics doctoral candidate and researcher sought EB-1A classification. Evidence met three evidentiary criteria: judging, original contributions, and scholarly articles. The AAO dismissed the appeal because the final merits analysis showed insufficient sustained national or international acclaim and that applicant was not among the small percentage at the very top of his field.

A computer scientist filed successive motions to reopen and reconsider an EB-2 national interest waiver denial. The AAO dismissed the second motion, finding no new facts or legal errors; the petitioner confused prospective impact with past achievement and restated previously considered evidence without demonstrating that the proposed endeavor had national importance.

A cybersecurity professional sought EB-2 NIW for work involving AI-powered threat detection and zero-trust architecture. The AAO found the proposed endeavor, though aligned with government priorities, lacks national importance because it would not demonstrate significant prospective impact on the industry or economy beyond the petitioner's prospective clients.

Mobile technology consultant appealed denial of EB-1A petition. Although petitioner claimed four criteria met, AAO found published material and leading role criteria not satisfied. Petitioner lacked sustained national or international acclaim and failed to establish extraordinary ability standard.

An AI researcher self-petitioning for EB-1A extraordinary ability. Claimed six evidentiary criteria and final merits assessment. AAO found only two criteria met (judging and scholarly articles), falling short of the required three. Record lacks evidence of major significance, widespread influence, or national acclaim necessary for extraordinary ability classification.

Cartography manager sought EB-2 NIW for GIS development and consulting project. AAO dismissed, finding no sufficient documentary evidence establishing the specific proposed endeavor has national importance or broader field impact despite working in important data technology sector.

Semiconductor equipment engineer sought NIW claiming to operate and maintain semiconductor manufacturing facilities. AAO dismissed because the proposed endeavor lacked sufficient specificity and detail; showing work in an important field alone does not establish national importance of the specific endeavor.

Platform Engineer II position in cloud infrastructure. Employer-sponsored EB-2 NIW petition. Petitioner established substantial merit but failed to show national importance of the specific endeavor; work benefited only the employer with no demonstrated broader implications or economic effects for the nation.

A systems administrator specializing in cybersecurity claims extraordinary ability in cybersecurity and computer science. He claimed three criteria but satisfied only one. The AAO rejected his ISSA membership and scholarly articles evidence, finding insufficient documentation of extraordinary ability.

Cybersecurity and IT teacher seeks NIW for EB-2 advanced degree classification as IT professional. Claimed endeavor would reduce fraud and identity theft nationwide. AAO dismissed appeal, finding no demonstrated national importance or broad prospective impact beyond specific employers required under Dhanasar framework.

Senior AI researcher sought EB-2 NIW for research on disease prediction using biomedical data and modeling. AAO held specific endeavor lacks national importance; research field importance and petitioner credentials do not demonstrate broader industry or national impact.