Published AAO appeal decisions

Software developer sought NIW for sustainable software development services to small businesses. Petitioner claimed national importance through multiple documentary pieces and field benefits. AAO dismissed, finding proposed endeavor lacks national importance; submitted materials describe industry importance, not specific endeavor impact.

IT network and cybersecurity engineer seeking national interest waiver claimed his proposed work serves national importance. AAO held that day-to-day engineering services lack broader implications required for national importance, dismissing appeal on first Dhanasar prong.

IT manager sought EB-2 national interest waiver for IT consulting firm startup. Claimed business plan showed growth and national security relevance. AAO dismissed because proposed endeavor lacked demonstrated national importance beyond serving specific clients.

IT analyst and entrepreneur sought EB-2 national interest waiver to develop an IT venture. AAO affirmed denial because petitioner failed to demonstrate she was well positioned to advance her proposed endeavor, lacking sufficient educational credentials, customer or investor interest, and early operational progress despite meeting the substantial merit prong.

A computer software engineer sought NIW classification for EB-2. The AAO dismissed the appeal, holding that the proposed endeavor of working as a backend or full stack developer at an unspecified company lacked the national importance required by Dhanasar, as it failed to demonstrate specific national or global implications within the field or substantial positive economic effects.

Computer systems engineer self-petitioner proposed IT consulting and professional training services. AAO dismissed: proposed endeavor lacks national importance under Dhanasar; industry-wide cybersecurity importance does not establish national importance of petitioner's specific consulting services.

Associate professor in computer science seeks EB-1A extraordinary ability classification. AAO affirmed denial, finding petitioner satisfied only two of ten evidentiary criteria and lacked sustained national or international acclaim required for classification as one of small percentage at top of field.

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 research scientist pursuing a Ph.D. in advanced computing sought an EB-2 national interest waiver. The AAO sustained the appeal, finding the proposed research in machine learning and process optimization has substantial merit and national importance, the petitioner is well-positioned to advance it given his expertise and track record, and waiving the job offer requirement would benefit the United States.

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.