Published AAO appeal decisions

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.

A computer scientist in AI/ML sought EB-1A extraordinary ability classification. The petitioner met three initial evidentiary criteria (judging, scholarly articles, leading role) but failed the final merits determination. The record did not demonstrate sustained national or international acclaim or placement at the very top of the field.

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 data center and network engineer in the pharmaceutical industry sought extraordinary ability classification. The service center found only two of ten criteria met. This second submission repeated the issues of an earlier appeal that is decided separately, so the AAO dismissed it as moot without analyzing the criteria.

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.

Computer engineer and IT consultant with foreign bachelor's degree sought EB-2 NIW for cybersecurity and digital banking work. The AAO found substantial merit but dismissed because she relied on industry importance rather than her specific endeavor's prospective impact; consulting services to direct clients lack broader national or field-wide implications.

A computer systems engineer sought EB-2 NIW to provide IT consulting services. The AAO withdrew the advanced degree professional determination due to insufficient employment documentation, then dismissed on finding she was not well positioned to advance her endeavor. Evidence lacked demonstrated customer interest and did not adequately connect certifications to her ability to advance the proposed work.

CEO in artificial intelligence and telecommunications seeks extraordinary ability classification. Petitioner claimed three criteria; AAO found two additional criteria met beyond Director's initial finding. Remanded for final merits determination on sustained national or international acclaim.

Technology company sponsored beneficiary for EB-2 with NIW for advanced computing work. AAO affirmed denial, finding proposed endeavor lacked national importance; work benefited only employer without broader field implications or significant economic effects.

Cybersecurity engineer sought NIW as EB-2 advanced degree professional. AAO found proposed consultancy has substantial merit but lacks national importance because record fails to show specific endeavor's prospective impact of national scope or scale.

Oracle EBS consultant sought EB-2 exceptional ability classification and NIW. AAO affirmed denial because petitioner satisfied only two of six evidentiary criteria for exceptional ability, falling short of the three-criterion threshold. Waiver eligibility not reached.