Published AAO appeal decisions

IT service business owner from Brazil seeks EB-2 NIW. Claimed advanced degree status and entrepreneur importance in IT sector establish national importance and capacity to advance venture. AAO dismissed on first two prongs: proposed endeavor lacks prospective impact at national level; petitioner lacks sufficient customer interest or demonstrated progress establishing U.S. operations.

An information security analyst sought EB-2 with NIW based on advanced degree status and proposed endeavor. The AAO dismissed because the petitioner failed to establish eligibility for the underlying EB-2 classification; foreign credential evaluation lacked probative value and did not demonstrate equivalency to U.S. bachelor's degree, so NIW analysis was not reached.

Computer systems networking entrepreneur sought EB-2 with NIW for IT consulting startup. AAO held he failed first Dhanasar prong: proposed endeavor, though in prioritized STEM field, lacked national importance because it would benefit direct clients and trainees only, not broader field implications.

Information security analyst seeking EB-2 NIW. Claimed expertise and cybersecurity work have national importance aligned with government initiatives. AAO held proposed endeavor lacks national importance; expertise and aspiration do not establish industry-wide or national implications beyond his own career and clients.

Information specialist claims EB-2 exceptional ability and national interest waiver for DevOps and database management work. AAO held petitioner failed to establish national importance of proposed endeavor; lacks sufficient evidence connecting work to prospective U.S. economic benefits or job creation.

Computer systems analyst sought EB-2 exceptional ability classification and NIW. AAO affirmed director's finding that petitioner met only one of six criteria required. Appeal dismissed because petitioner failed to establish exceptional ability threshold, making NIW analysis unnecessary.

A cybersecurity consultant sought EB-2 exceptional ability classification with a national interest waiver. The AAO agreed with the Director that, despite satisfying initial criteria, certifications and professional membership did not show expertise significantly above the norm. Because the underlying classification failed, the Dhanasar waiver analysis was not reached.

Systems analyst from Brazil claimed national interest waiver for EB-2 IT solutions business. AAO held he did not establish advanced degree equivalency or five years progressive experience in specialty, thus failing underlying EB-2 requirement; NIW analysis not reached.

Information technology and telecommunications entrepreneur self-petitioner seeking national interest waiver under EB-2. The AAO dismissed, finding the petitioner met underlying EB-2 requirements but failed to demonstrate national importance; proposed cloud and 5G infrastructure services were not differentiated from existing providers.

Electronic and civil engineer sought EB-2 with national interest waiver for IT consulting services. AAO dismissed appeal because proposed endeavor lacked national importance; general claims about industry growth insufficient without showing specific prospective impact.

A computer and information systems manager sought NIW for EB-2 classification. The AAO agreed he failed to establish that his specific proposed endeavor has national importance, despite working in an important IT field. The AAO also found he did not qualify as an advanced degree professional. Appeal dismissed.

IT consultant proposed establishing consulting business offering optimization and digital transformation solutions. AAO dismissed appeal, finding substantial merit but no national importance because services would not extend beyond clients to impact the IT field at national level.

An IT entrepreneur sought EB-2 with NIW to direct digital transformation services as CEO. AAO found he qualifies as advanced degree professional. However, his endeavor has substantial merit but not national importance; STEM employment alone does not satisfy Dhanasar; unsubstantiated job creation claims lack credibility.

IT specialist in storage administration and systems management sought NIW as EB-2 advanced degree professional. AAO affirmed denial, finding the specific proposed endeavor lacked national importance. Broad industry importance and worker shortage do not establish national importance of individual's specific work.

An IT manager and engineer sought EB-2 national interest waiver. The AAO agreed the petitioner held an advanced degree but found his proposed endeavor of providing IT services in Florida lacked national importance; it was regional, specific, and without broader implications.

IT project manager sought NIW as individual of exceptional ability. AAO dismissed appeal because petitioner met only two of six exceptional ability criteria (academic records and work experience); withdrawal of third criterion (professional membership) left petitioner below minimum threshold, and underlying eligibility failure precluded NIW analysis.

A cybersecurity and automation manager with 22 years of experience and an advanced degree sought EB-2 NIW. The AAO dismissed the appeal because although the proposed endeavor had substantial merit and national importance, the petitioner failed to demonstrate he was well-positioned to advance it beyond normal professional expectations.

Information systems consultant self-petitioner claiming national interest waiver for EB-2. The AAO affirmed denial, finding the petitioner failed to establish the underlying EB-2 advanced degree requirement and, on the NIW analysis, the proposed consulting work lacked sufficient specificity and demonstrated national importance.

Entrepreneur in computer-aided design seeks NIW for EB-2 exceptional ability classification. AAO dismissed appeal; petitioner abandoned EB-2 eligibility by failing to contest final merits determination on appeal, making NIW analysis unnecessary and dispositive of case.

A systems engineer self-petitioner seeking EB-2 classification with national interest waiver. The AAO dismissed, finding although the endeavor had substantial merit and the petitioner qualified as an advanced degree professional, it lacked national importance because the work would not impact the field broadly or generate measurable economic benefits beyond his employer.

An employer sponsored a software engineer for NIW EB-2 classification, claiming work in cloud computing and software-defined networking. The AAO agreed the employer conflated importance of the field with importance of the specific endeavor, failing to establish national importance. Appeal dismissed.

Information technology consultant proposing software development and tracking technology consulting company, seeking EB-2 with national interest waiver. Claimed endeavor has national importance given IT industry criticality and software engineer shortage. AAO found no sufficient evidence demonstrating proposed endeavor would substantially impact national shortages or offer broader field implications.

Technology professional with advanced degree seeks NIW. AAO reversed director's favorable second-prong finding and affirmed denial: applicant failed to provide sufficient detail on specific proposed endeavor; letters referenced past experience but not concrete U.S. business plans required for Dhanasar analysis.

Software and web developer with Brazilian bachelor's degree sought EB-2 advanced degree, exceptional ability, and NIW for malware detection AI platform. AAO affirmed denial: insufficient post-baccalaureate experience and unmet exceptional ability criteria; NIW not reached.

A systems engineer proposed developing novel technological platforms for virtual mental health services, claiming alignment with national public health objectives. The AAO dismissed the appeal, finding insufficient evidence that the specific endeavor differs from existing solutions, lacks expert corroboration of national government interest, and lacks detailed prospective impact documentation.