Published AAO appeal decisions

A software engineer sought a national interest waiver to establish a privacy consulting business focused on distributed systems and regulatory compliance. The AAO dismissed the appeal, finding substantial merit but rejecting national importance because the evidence showed only localized business activity without broader field impact or significant employment potential.

An advanced computing researcher claiming extraordinary ability met two criteria (judging, scholarly articles) but failed the original contributions criterion. The AAO found publication in high-impact journals and citation counts alone do not establish major significance without showing comparative ranking to baseline or evidence of major influence in the field. Overall acclaim lacking.

IT professional and startup CEO sought EB-2 with NIW for web development, design, and IT consulting company. AAO found petitioner qualified for EB-2 but lacked national importance for proposed endeavor. STEM field alone insufficient; no evidence of broader implications or substantial positive economic effects. Appeal dismissed.

IT project manager and entrepreneur seeks NIW for consulting and training business in Florida. Petitioner claimed national importance through STEM workforce development alignment and employment creation. AAO dismissed, finding endeavor lacks demonstrated impact beyond individual clients in large competitive industry.

Cloud infrastructure engineer sought EB-2 with national interest waiver. AAO dismissed appeal, finding the proposed endeavor lacks national importance. The work would only benefit a specific employer and would not impact the field broadly, failing the first Dhanasar prong.

A telecommunications specialist sought EB-2 NIW classification. While his field is nationally important, the decision found his specific proposed endeavor in rural broadband consultation lacked sufficient national importance. Evidence showed industry importance but not his distinct contribution or connection to state projects.

A systems analyst in IT sought NIW classification claiming deeply different services than ordinary analysts and critical breakthroughs in e-commerce security. The AAO dismissed, adopting the director's finding that the proposed endeavor lacked national importance; the petitioner's contributions to fraud prevention and autotech were not substantiated and did not demonstrate impact on the IT field broadly.

A computer programmer and IT management entrepreneur self-petitioner claimed EB-2 as advanced degree professional or exceptional ability individual, plus NIW. AAO dismissed appeal because petitioner provided insufficient and inconsistent evidence of proposed endeavor, occupation, and work history, failing EB-2 threshold.

Project manager in augmented reality and virtual reality sought EB-1A extraordinary ability classification. Claimed awards and membership criteria. AAO dismissed, finding petitioner failed to satisfy at least three required evidentiary criteria and lacked sustained national or international acclaim required for extraordinary ability.

Software developer entrepreneur seeking NIW. Claimed substantial merit and national importance of IT consulting business. AAO found endeavor substantially meritorious but lacked national importance because benefits would not extend beyond the business itself to broader field impact.

Information technology systems specialist sought EB-2 with national interest waiver for IT infrastructure services business. AAO found substantial merit but not national importance; projected revenue and employment figures insufficient to demonstrate substantial economic effects or broader industry impact.

Information security analyst in cybersecurity sought NIW claiming advanced degree in digital forensics and cybersecurity. AAO dismissed because petitioner failed to provide master's degree documentation in response to RFE and did not establish advanced degree requirement, making her ineligible for NIW.

IT project manager seeking EB-2 exceptional ability classification and NIW. Failed to meet three of six regulatory criteria for exceptional ability including membership and recognition. AAO concluded expertise does not stand out in field and dismissed appeal without reaching NIW Dhanasar analysis.

IT project manager sought EB-2 advanced degree with NIW. AAO affirmed denial: petitioner qualified for EB-2 but failed first Dhanasar prong; proposed endeavor lacked national importance, benefiting only employer and clients without establishing broader economic effects or job creation.

Printing equipment manufacturer with research focus on UV LED printing technology seeks EB-1A extraordinary ability. Claims six criteria including membership, published material, original contributions, and scholarly articles. AAO finds only two criteria met (published material and scholarly articles); business sales and product certifications lack independent evidence of major significance; articles largely marketing content not independent media coverage.

A cybersecurity interaction designer sought EB-1A extraordinary ability classification. He claimed original contributions and other criteria. The AAO found he met only two criteria (leading role and high salary), falling short of the three required. His design work lacked demonstrated major significance beyond employer products, and he failed to establish sustained acclaim for the classification.

IT entrepreneur seeking NIW for EB-2 classification. Proposed cybersecurity services business plan. AAO dismissed appeal because endeavor lacked demonstrated national importance despite operating in important field; job creation and regional expansion did not show prospective impact rising to national significance under Dhanasar.

A video game designer and entrepreneur sought EB-2 classification as an advanced degree professional and national interest waiver. The AAO affirmed denial because the proposed endeavor lacked national importance under Dhanasar; credentials and professional experience alone cannot establish the specific endeavor's national significance.

Computer network architect seeks EB-2 exceptional ability and NIW. AAO affirmed denial, finding petitioner met only one of six exceptional ability criteria. NIW not reached on merits; first prong failed because specific endeavor lacks prospective national importance beyond company scope.

Company petitioning for NIW to employ beneficiary as cybersecurity expert. Director and AAO found beneficiary met advanced degree requirement but endeavor lacked national importance. AAO affirmed, finding work lacks sufficient broad impact despite substantial merit, similar to STEM teaching precedent.

Software engineer and IT specialist sought EB-2 NIW to develop novel custom software and assist U.S. companies in digital transformation. AAO held the specific endeavor lacks national importance; importance of information technology and unsupported assertions of fundamental contributions insufficient without evidence of broader prospective impact.

An IT specialist and entrepreneur sought an EB-2 national interest waiver for custom ERP software development. The AAO dismissed, finding the business plan lacks sufficient evidence that custom software development would have national importance or substantially advance the IT field or U.S. competitiveness.

Computer systems consultant and entrepreneur sought NIW for EB-2. He proposed consulting services with claimed job creation and revenue projections. AAO held the specific endeavor remained vague and lacked prospective national impact; projected revenue and job creation insufficient to establish national importance.

A cybersecurity entrepreneur from Brazil sought EB-2 NIW for a software and cybersecurity services business. The AAO dismissed the petition because the petitioner lacked categorical EB-2 eligibility and failed to demonstrate the proposed endeavor had national importance; anticipated job creation was unclear and lacked substantial prospective economic impact.

A computer systems analyst sought EB-2 exceptional ability classification and national interest waiver to provide SAP implementation services through a consultancy. The AAO dismissed the appeal because the petitioner met only two of three required evidentiary criteria for exceptional ability, and Dhanasar issues were not reached.