Published AAO appeal decisions

A cybersecurity engineer with advanced degree sought EB-2 NIW. The director found underlying qualification met but no national interest waiver. The AAO affirmed dismissal, holding the proposed endeavor lacked national importance because routine cybersecurity work for individual clients lacks broader field or economic impact.

A general and operations manager seeking EB-2 with NIW to advance STEM technology projects. Claimed her endeavor aligned with Biden Administration priorities and involved important fields. AAO dismissed, finding insufficient evidence of the specific endeavor's national importance despite its work in important fields.

Cybersecurity researcher seeks EB-2 NIW. Claimed field importance and connection to national cybersecurity interests establish national importance of proposed research. AAO dismissed, holding national importance requires prospective impact on field more broadly; research focused on completing doctorate lacks defined, nationally important employment endeavor.

IT specialist proposes establishing technical solutions consultancy for small business clients in accounting, finance, and operations. Petitioner claimed national importance through job creation and economic development. AAO held the endeavor lacks national importance because impact limited to individual clients, not industry-wide.

IT specialist seeks NIW for consultancy business in computer systems management. Petitioner claimed national importance through job creation and economic effects. AAO dismissed appeal, finding proposed endeavor lacks demonstrated national impact beyond serving individual clients despite operating in important field.

High technology consultant seeking EB-2 with NIW claimed endeavor had substantial merit and national importance. AAO held proposed predictive maintenance and artificial intelligence consulting services lacked sufficient evidence of significant economic benefits or broad impact beyond company clientele.

An IT entrepreneur sought EB-2 classification with a national interest waiver for his information technology consulting company. The AAO dismissed the appeal because the proposed endeavor lacked sufficient evidence of national importance and broader implications beyond the company's specific clientele.

An IT manager and entrepreneur sought EB-2 NIW to develop an IT infrastructure and database consulting firm. The AAO found substantial merit but rejected the claim of national importance because the projected employment and revenue would not significantly impact the IT industry broadly or an economically depressed area.

Self-petitioner seeking to work as IT specialist proposed collaborating with technology companies on IT services. AAO dismissed appeal, finding endeavor lacked national importance; petitioner conflated field importance with endeavor importance and failed to demonstrate specific prospective impact or economic effects.

Software and game developer seeking NIW and EB-2 as individual of exceptional ability. Petitioner claimed four exceptional ability criteria but AAO found only two met by director; on appeal petitioner could not establish three required criteria. Appeal dismissed on underlying EB-2 ineligibility without reaching NIW Dhanasar analysis.

An information technology professional consultant sought national interest waiver for EB-2 as individual of exceptional ability. AAO dismissed, finding petitioner failed to establish underlying EB-2 qualification and that proposed IT consulting endeavor lacks national importance beyond his own client base.

CEO and cofounder of AI-based minerals exploration company sought national interest waiver under Dhanasar. Met exceptional ability standard but failed first prong of NIW framework. Petitioner did not establish that specific proposed endeavor has national importance despite government reports on critical minerals.

Quality assurance engineer claims EB-1A extraordinary ability through judging, critical role, and high salary criteria. AAO held mentoring does not meet judging requirement; petitioner cannot satisfy three-criterion threshold and lacks sustained national or international acclaim required.

Information technology professional sought national interest waiver to start consulting company in Florida. AAO held proposed endeavor has substantial merit but lacks national importance; projected revenue and job creation do not demonstrate substantial positive economic effects or broader field impact at national level.

Post-doctoral researcher in human-robot interaction sought national interest waiver for EB-2 classification. AAO found research had substantial merit and national importance but dismissed appeal on second prong, determining petitioner not well-positioned to advance the endeavor; citation history and Ph.D. insufficient without demonstrated government funding or primary grant leadership.

An IT project manager and entrepreneur sought EB-2 NIW for developing a parking finder mobile application to reduce traffic congestion. The AAO dismissed the appeal, finding the business plan did not demonstrate the endeavor would employ significant U.S. workers or produce substantial economic effects beyond servicing its own clients.

An artificial intelligence researcher with master's and Ph.D. degrees sought EB-2 NIW classification to advance machine learning algorithms for power system security. The AAO found all three Dhanasar prongs met: national importance of the endeavor, applicant's positioning, and net benefit to the United States. Appeal sustained.

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.