Published AAO appeal decisions

A cybersecurity director and entrepreneur sought EB-2 with national interest waiver for IT business development. The AAO dismissed the appeal, finding the proposed endeavor lacks national importance because it would not impact the field broadly or provide substantial economic benefits beyond the petitioner's specific customers and employers.

Computer systems engineer with advanced degree sought NIW. AAO adopted Director's finding that substantial merit shown but national importance not established. Petitioner's appeal reiterated prior arguments without identifying legal or factual error; no individualized reconsideration of evidence required.

Software developer and technology trainer with master's degree sought EB-2 NIW for improving STEM access among Hispanic population. AAO dismissed appeal, finding substantial merit but lack of national importance; general reports on equity in STEM insufficient without specific evidence of endeavor's prospective impact.

Cyber-physical systems consultant seeks EB-2 national interest waiver for neuroscience research collaboration applying information technology to monitor consciousness restoration. AAO held petitioner failed second prong; lacked evidence of significant role in funded research, primary grant contacts, or demonstrated record of success advancing proposed medical device endeavor.

Industrial engineer seeking NIW for SAP consulting business in Georgia. Submitted evidence regarding IT industry and ERP importance, but failed to demonstrate that the specific proposed endeavor would have nationally important impact beyond general field relevance.

An IT consultant proposed establishing a consulting business and sought NIW for EB-2 as advanced degree holder. AAO dismissed appeal, finding the proposed venture had substantial merit but lacked national importance because it would not affect the broader IT field.

An artificial intelligence researcher with a master's degree seeks NIW for research on machine learning techniques for privacy and autonomous model updating. Claimed all three Dhanasar prongs. AAO sustained appeal, finding the proposed research has substantial merit and national importance, petitioner is well-positioned through publications and patents, and waiving job offer would benefit U.S. technological advancement.

Software developer with biology and neuroscience education sought EB-2 NIW to develop an application for human-computer symbiosis. The AAO found substantial merit but dismissed because the petitioner focused on personal credentials rather than the endeavor's specific prospective impact; software application's broader field implications remained unestablished.

A network security consultant proposed establishing a consulting firm and sought EB-2 and NIW. The AAO dismissed the appeal, finding the proposed endeavor had substantial merit but lacked national importance; industry relevance alone insufficient under Dhanasar.

Self-petitioner IT consultant with advanced degree sought EB-2 NIW. Claimed 24 years experience and endeavor generating eight jobs with national importance. AAO affirmed Director's denial; specific endeavor lacks national importance despite IT industry significance; claimed job creation and past experience insufficient for national importance determination.

Cybersecurity specialist and educator sought NIW without submitting detailed business plan. Proposed applying cybersecurity expertise across eight NIST domains. AAO dismissed because petitioner did not establish national importance of specific endeavor; submitted only general support letters and relied on cybersecurity field importance, not demonstrating how proposed work would have broader impact.

AI and mobile app developer from Russia sought EB-1A extraordinary ability classification. AAO affirmed denial because petitioner met only one of ten evidentiary criteria. Awards, membership, publications, judging, contributions, and salary evidence did not meet extraordinary ability standards.

Information technology specialist and entrepreneur sought EB-2 NIW to operate her own company. AAO held specific proposed endeavor lacked national importance under Dhanasar despite STEM field and claimed critical infrastructure alignment; revenue and employment projections insufficient.

Information technology consultant seeks EB-2 NIW. Claimed proposed endeavor has national importance through job creation and industry growth. AAO found endeavor lacks national or global implications and fails to show broader field impact, rejecting the national importance prong; appeal dismissed.

IT entrepreneur sought national interest waiver for EB-2 petition. Director found substantial merit and good positioning; AAO affirmed denial because the proposed business endeavor lacked national importance, affecting only four small clients without broader industry or economic impact.

Computer systems consulting entrepreneur sought national interest waiver for EB-2 petition. AAO affirmed denial because proposed endeavor lacked national importance despite substantial merit, affecting only niche target market without broader industry or economic impact.

Software developer-entrepreneur sought EB-2 with national interest waiver. AAO affirmed denial, finding endeavor had substantial merit but lacked national importance. Industry importance alone insufficient; petitioner failed to show specific impact beyond own business and clients.

Software developer self-petitioner sought NIW for startup company. AAO found proposed endeavor lacked specific national importance beyond job creation statistics and company impact was not demonstrated. Petitioner's technical expertise insufficient to show capability running business venture without entrepreneurial track record.

Information technology business owner seeks EB-2 NIW. Established EB-2 eligibility but claimed endeavor would create jobs and drive innovation. AAO found no evidence that proposed business products or services provide field innovations or benefits beyond the business itself, failing national importance; appeal dismissed.

IT entrepreneur proposed managed IT services and cybersecurity implementation company for small and medium enterprises. AAO dismissed because petitioner established only that IT industry is important, not that the specific company endeavor has national or global implications or substantial economic effects.

An information technology entrepreneur with an advanced degree seeks a national interest waiver to establish an IT business. The AAO dismissed the appeal because the petitioner failed to establish exceptional ability under EB-2 and did not meet the first Dhanasar prong, as the proposed endeavor lacks demonstrated national importance.

Systems engineer seeking NIW for EB-2 claimed his work in IT sustainability has national importance. AAO held the proposed endeavor lacks sufficient prospective impact on the economy and does not demonstrate national importance, despite articles about the industry's relevance.

Computer science research assistant sought EB-2 classification with national interest waiver. Director denied petition; petitioner appealed. AAO dismissed, holding proposed endeavor lacked national importance; record contained no specific projects, insufficient job creation documentation, and absent analysis of prospective positive economic impacts required for national importance finding.

Senior hardware engineer seeking NIW for EB-2 classification. Proposed research in integrated circuit design. AAO affirmed denial because petitioner failed to establish national importance of proposed endeavor, showing only past research accomplishments without demonstrating broader prospective impact required by Dhanasar first prong.