Published AAO appeal decisions

A systems engineer sought EB-2 national interest waiver for a proposed business providing supply chain management consulting to industrial and commercial companies. The AAO dismissed the appeal, finding the petitioner established exceptional ability but failed to demonstrate national importance of the specific business endeavor despite showing industry importance.

Semiconductor operations project manager with advanced degree sought EB-2 NIW. AAO affirmed denial, finding proposed endeavor to innovate chip testing lacks demonstrated national importance. Professional experience and industry importance insufficient; no evidence of broader sectoral or economic impact.

Senior engineer in AI research seeking NIW under Dhanasar framework for continued research on safe, autonomous AI systems. Service center's denial lacked complete analysis of evidence, made contradictory statements, and failed to address all arguments. Remanded for proper application of all three Dhanasar prongs with complete evidentiary analysis.

Research scientist with master's degree in electrical and computer engineering proposed to advance privacy-preserving IoT technology. AAO found the endeavor had substantial merit and national importance but concluded petitioner lacks concrete steps toward employment or demonstrated feasibility, failing the second Dhanasar prong.

A computer scientist proposed developing machine learning algorithms for precision medicine and drug discovery. Although the AAO found the endeavor had substantial merit and national importance, it affirmed the service center's finding that the petitioner failed to demonstrate she was well positioned to advance the research, lacking comparable evidence to established precedent.

IT professional petitioner sought NIW for proposed cybersecurity consulting and training company. AAO affirmed SCOPS denial, finding petitioner failed Dhanasar first prong: national importance lacks evidentiary support. Twelve-employee projection, general industry talent shortage, and letters insufficient to show substantial prospective impact. Second and third prongs reserved.

Communication engineer sought EB-1A extraordinary ability classification. AAO affirmed that petitioner met at least three evidentiary criteria but dismissed appeal, finding totality of evidence does not demonstrate sustained acclaim or rise to very top of field.

Machine learning researcher with master's degree sought EB-2 NIW. AAO found substantial merit and national importance of research and that petitioner was well positioned to advance it, but dismissed appeal because urgency of national interest was not established and labor certification remained practicable.

Data scientist with master's degree in computational science proposes NIW for research on ethical AI frameworks. SCOPS determined substantial merit existed but national importance not shown. AAO affirmed, finding insufficient evidence that proposed endeavor rises to national importance level; did not address remaining Dhanasar prongs.

Software engineer with master's degree seeking NIW for cybersecurity work. AAO affirmed SCOPS finding that proposed endeavor lacks national importance under Dhanasar first prong because work limited to employer, not advancing broader industry. Appeal dismissed without reaching second and third prongs.

Oracle technical consultant seeking national interest waiver for EB-2 advanced degree petition. Petitioner qualified for underlying EB-2 but failed to establish endeavor's national importance; company would benefit individual clients and SMBs without demonstrating broader field, regional, or national impact required by Dhanasar.

A research scientist self-petitioned for EB-2 national interest waiver based on her proposed machine learning and single-cell RNA research. The AAO dismissed because the proposed endeavor lacked demonstrated national importance beyond the importance of the field itself. The record provided only generalized information and publication citations unrelated to the specific endeavor's broader impact.

A public health informatics fellow sought EB-2 NIW classification for self-petitioned waiver. The applicant held an advanced degree but failed to demonstrate national importance of the specific proposed endeavor in the Dhanasar first prong. The appeal was dismissed without addressing other prongs.

A petitioner in cybersecurity and IT governance filed a motion to reopen a dismissed NIW petition. The AAO dismissed the motion, finding the new executive orders and strategic documents did not establish new facts warranting reconsideration, as they did not address errors in prior dismissals or demonstrate changed circumstances.

A staff product manager with advanced degree sought NIW for privacy-centric advertising work. AAO dismissed because the petitioner failed to establish that her specific endeavor had national importance beyond her employer's operations, lacking evidence of industry adoption, technology transfer, or broader societal or economic impact.

A computer scientist developing driver monitoring technology sought EB-2 classification with a national interest waiver. The AAO dismissed the appeal, finding the proposed endeavor, though meritorious, lacks national importance because the record does not establish broader prospective impact beyond the employer or adoption by other manufacturers.

Technology entrepreneur with advanced degree seeks NIW for AI-driven cognitive decision support tools for aerospace and aviation. AAO withdrew director's finding on national importance prong, agreeing technology aligns with government priorities. However, petitioner failed to demonstrate record of success as executive or sufficient qualification to lead endeavor as CEO/CTO.

A graduate research and teaching assistant in computer science sought an EB-2 national interest waiver for AI research in medical diagnostics. The AAO dismissed the appeal, finding he did not satisfy the second Dhanasar prong because he lacked adequate graduate credentials, strong publication records, secured research positions, or demonstrated funding.

A petitioner sought NIW EB-2 classification but the service center denied it without adequately analyzing the evidence. The AAO remanded, finding the service center did not properly discuss the petitioner's detailed endeavor description, did not evaluate factors in totality for the second prong, and did not adequately weigh considerations for the third prong.

Software engineer proposed AI and machine learning voice biometrics authentication system as self-petitioner for national interest waiver. AAO dismissed appeal because the specific endeavor lacked sufficient national importance, finding alignment with government initiatives and field importance alone insufficient without concrete economic impact projections.

A telecommunications engineer seeking EB-2 classification with national interest waiver claimed his endeavor would involve the BEAD broadband program. The AAO dismissed the appeal, holding the proposed endeavor lacked sufficient specificity and detail about what activities he actually intended to undertake, making it impossible to assess national importance.

Employer sponsored beneficiary for EB-2 national interest waiver in product analytics using AI and machine learning. AAO found substantial merit but rejected national importance claim, holding that working in STEM or shortage occupations alone insufficient without broader prospective impacts to national economy.

Machine learning engineer appealed SCOPS denial of EB-1A petition. AAO found petitioner demonstrated original contributions of major significance through highly cited research, meeting the initial evidence threshold. Matter remanded for final merits determination of sustained acclaim.

AI technology company petitioned for O-1A classification of chief technology officer. Beneficiary met only one criterion (judging); awards, membership, and published material criteria were not satisfied. Appeal dismissed because beneficiary could not meet minimum three criteria requirement for extraordinary ability.

IT specialist specializing in national security sought EB-2 with national interest waiver for an endeavor to improve digital security and IT management practices across U.S. sectors. The AAO dismissed, finding the petitioner's expertise and past accomplishments do not establish the proposed endeavor's national importance; the work would not sufficiently impact the field beyond prospective customers.