Published AAO appeal decisions

A robotics engineer proposed establishing a U.S.-based company providing remote-control services and consulting. The AAO dismissed the appeal because the petitioner failed to establish that the proposed endeavor has national importance; generic field information and personal intentions do not demonstrate projected impact rising to substantial positive economic effects.

Application manager seeks NIW for EB-2 advanced degree classification. Proposed IT work providing services to organizations with important missions. AAO dismissed appeal, finding proposed endeavor lacks national importance; while petitioner was highly qualified and IT field important, no evidence showed specific proposed endeavor would impact IT field broadly or create substantial economic or employment benefits nationally.

A database engineer with MBA sought NIW for freelance work and founding an online IT school. AAO dismissed appeal, finding the proposed endeavor lacked national importance and petitioner was not well positioned to advance the online school despite having relevant experience and business background.

An entrepreneur and researcher in cybersecurity on O-1 visa sought EB-1A extraordinary ability classification. The AAO affirmed dismissal, finding he satisfied only two of ten criteria and thus failed the initial threshold, with aggregate review showing insufficient acclaim and recognition required for the classification.

Computer engineer claimed EB-2 advanced degree or exceptional ability and national interest waiver. AAO held petitioner did not establish advanced degree eligibility, met only one of six exceptional ability criteria, and thus failed to establish first prong of Dhanasar framework, making waiver analysis unnecessary.

Computer systems analyst working in SAP Basis administration claimed seven evidentiary criteria. AAO affirmed dismissal, finding only two criteria met (scholarly articles and high salary) but not the leading critical role criterion petitioner emphasized on appeal. Without three criteria met, petitioner lacks sustained acclaim at top of field despite successful career.

Information technology professional sought national interest waiver for EB-2 classification. AAO dismissed appeal, finding petitioner failed to meet exceptional ability requirement (at least three of six criteria). Petitioner met only two criteria; did not establish license, comparable evidence, high salary, or recognition by peers. National interest waiver analysis not reached due to lack of prerequisite EB-2 qualification.

IT specialist seeking NIW to fill gap in skilled professionals. Petitioner established substantial merit but failed to demonstrate national importance; tentative job offers in project leadership lack documentary evidence of broader field impact beyond employer benefit.

An entrepreneur in business computing sought EB-2 advanced degree or exceptional ability status with national interest waiver. He failed both tracks: his occupation is not a profession under immigration law, he lacks an advanced degree, and he did not meet three criteria for exceptional ability. National interest waiver issue was moot.

Entrepreneur in IT seeking NIW for technology consulting for American companies. Claimed substantial merit and national importance given IT professional shortage. AAO dismissed because proposed consulting work lacked demonstrated national importance; benefits limited to applicant's company and individual clients without broader field impact.

Information technology specialist sought EB-2 national interest waiver. AAO dismissed appeal, finding proposed endeavor lacked national importance under first Dhanasar prong; petitioner focused on past achievements and field importance rather than specific prospective endeavor impact.

Doctoral student research scientist in robotics sought extraordinary ability classification. Met two criteria: judging and scholarly articles. AAO dismissed appeal because original contributions criterion unsatisfied; limited citations and letters lacking specificity did not demonstrate work was regarded as major significance or that petitioner achieved sustained national or international acclaim.

A systems engineer sought EB-2 national interest waiver for advanced degree. The AAO dismissed the appeal, finding the petitioner satisfied the first Dhanasar prong regarding substantial merit and national importance but failed the second prong: insufficient evidence he is well positioned to advance the proposed endeavor.

A computer executive employed as technical architect sought EB-1A extraordinary ability classification. The AAO found two criteria met but rejected membership and concluded evidence did not demonstrate sustained national or international acclaim. The petitioner was progressing toward the top rather than established at the very top of the field.

Petitioner sought classification as advanced degree professional or individual of exceptional ability plus NIW. AAO dismissed appeal because petitioner failed to establish underlying EB-2 eligibility; did not meet criteria for exceptional ability, and NIW analysis therefore not reached.

Self-employed IT professional seeking EB-2 with NIW based on incomplete bachelor's degree and entrepreneurial experience. Claimed advanced degree eligibility but provided no official academic records or transcript. Failed to document bachelor's degree completion or five years progressive post-baccalaureate experience. NIW analysis not reached because underlying EB-2 qualification not established.

An information systems manager with advanced degree seeks NIW for EB-2 classification. She claimed her IT consulting and future business intelligence firm would benefit the U.S. economy through job creation and technological advances. The AAO dismissed the appeal, finding her proposed work lacks national importance and adequate documentation of prospective economic impact.

IT project manager sought NIW as EB-2 advanced degree professional. AAO found proposed work in security, IT and fire solutions had substantial merit but lacked evidence of national importance or specific prospective impact. Appeal dismissed for failure to meet first prong of Dhanasar.

An ICT consultant and professor sought NIW under EB-2. The AAO found the proposed endeavor lacked national importance, as the regulatory record did not show impact beyond individual clients and students; benefits did not rise to substantial positive economic effects. Appeal dismissed.

IT project manager sought NIW based on EB-2 advanced degree. AAO found she qualified for underlying EB-2 but dismissed NIW appeal because her proposed IT consulting and research tool development lacked evidence of national importance or broader field impact beyond her employers and clients.

A senior product manager in cloud computing sought EB-1A extraordinary ability classification. The AAO dismissed the appeal, finding the petitioner met only two of three minimum criteria and failed to demonstrate sustained national or international acclaim required for extraordinary ability.

A software developer and entrepreneur sought EB-2 classification as individual with exceptional ability or advanced degree, with national interest waiver. The AAO found the petitioner failed to establish exceptional ability and lacked an advanced degree equivalent; therefore ineligible for underlying classification and national interest waiver analysis was unnecessary.

Information systems manager sought exceptional ability classification and national interest waiver for EB-2. AAO dismissed appeal because petitioner failed to describe specific proposed endeavor with national importance, merely asserting occupation-level expertise; also failed to show waiver's balance favored United States.

Telecommunications hardware and software producer sought EB-1A extraordinary ability for beneficiary. Beneficiary met four regulatory criteria but failed final merits determination; limited commercialization and citations insufficient to demonstrate sustained international acclaim required for extraordinary ability.

An engineering services company petitioned for an engineer and data scientist beneficiary. Claimed four criteria: judging, original contributions, scholarly articles, and leading role. AAO affirmed only two criteria (judging and scholarly articles) met; original contributions lacked demonstrated major significance and leading role lacked institutional evidence. Appeal dismissed.