Published AAO appeal decisions

Data scientist with advanced degree pursuing PhD in Digital Transformation sought NIW for research on bio-inspired feature reduction algorithms. AAO found proposed endeavor had substantial merit and national importance but concluded petitioner lacked sufficient record of success or evidence to demonstrate being well positioned to advance the work. Appeal dismissed.

A software engineer with a master's degree in electrical and computer engineering sought an NIW for work in edge AI computing. The AAO dismissed the appeal, finding the petitioner failed to establish national importance through credible, probative evidence comparable to the standard set in Dhanasar.

An applied scientist and machine learning engineer seeks EB-2 NIW to advance energy security and industrial AI systems. The AAO dismissed the appeal, finding the proposed endeavor lacked sufficient national importance under Dhanasar's first prong despite claims about AI field value.

An engineer and applied scientist sought EB-2 NIW classification for work in artificial intelligence and machine learning. The AAO found the proposed endeavor lacked sufficient definition and failed to demonstrate national importance distinct from general field value, as required under Dhanasar. Appeal dismissed without addressing remaining prongs.

Post-doctoral fellow in industrial engineering and operations research sought EB-2 NIW for machine learning research. AAO found endeavor had substantial merit and national importance but petitioner lacked sufficient positioning to advance it. Appeal dismissed.

Assistant professor with Ph.D. in computer science proposing STEM research endeavor claiming national interest waiver. AAO dismissed appeal, finding petitioner not well-positioned to advance the endeavor; peer review is common academic activity, funding sources unclear, research citations narrowly circulated, insufficient evidence of feasibility or field impact.

Web developer and digital designer seeks NIW for EB-2 self-employment in web development and STEM training with free courses for underserved populations. Petitioner claimed alignment with national workforce shortage and STEM equity priorities. AAO dismissed, finding endeavor lacks national importance; field importance and general national goals do not establish specific endeavor's national importance.

Computer scientist specializing in bioinformatics employed by technology company sought EB-2 with NIW. AAO dismissed because evidence demonstrated field importance but failed to establish national importance of petitioner's specific proposed research endeavor or its prospective impact under Dhanasar.

A software engineer and systems researcher sought an NIW for autonomous vehicle research. The AAO found substantial merit in the proposed endeavor but dismissed the appeal because the petitioner failed to demonstrate he was well positioned to advance it, lacking evidence of progress or external support.

A computer scientist with master's degree sought an EB-2 national interest waiver for research in network architecture for data centers. The AAO dismissed, finding the petitioner established substantial merit but failed to prove national importance of the specific proposed endeavor despite industry relevance.

Computer engineer with master's degree seeks NIW for research in advanced computational models, brain-machine interfaces, and smart sensors. AAO found proposed endeavor has substantial merit but lacks demonstrated national importance or evidence of impact on healthcare, neurotechnology, agriculture, or public health fields.

Information security associate vice president claimed seven criteria and satisfied three: judging, leading role, and high salary. AAO held initial evidence requirements met but final merits analysis showed insufficient evidence of sustained acclaim or placement among small percentage at top of field.

Semiconductor engineer with advanced degree in physics seeks EB-2 national interest waiver. Proposed developing semiconductor chips for telecommunications and computing. AAO found endeavor aligned with industry priorities but lacked demonstrated substantial national importance beyond incremental contributions. Appeal dismissed.

Research and development manager in software engineering from China working on machine learning for insurance industry risk assessment. Met first Dhanasar prong on substantial merit and national importance but failed second prong; citations and education alone insufficient to demonstrate well-positioned status. Appeal dismissed.

Infrastructure specialist proposed IT consulting firm offering system design, project management, and cybersecurity services. Sought EB-2 NIW but petitioner failed to establish specific endeavor had national importance beyond potential client benefit. AAO dismissed, finding insufficient prospective impact on IT field or economy.

Information security analyst IV with PhD sought EB-1A extraordinary ability classification. AAO found beneficiary satisfied judging and authorship criteria but withdrew service center findings on leading role and high salary; did not meet threshold of three criteria; final merits determination not reached.

A senior IT consultant working with AI-driven frameworks sought EB-1A classification. The service center found at least three evidentiary criteria satisfied but denied on final merits. The AAO did not decide additional criteria and dismissed the appeal, finding the evidence did not show sustained acclaim or top-of-field standing.

An IT specialist and entrepreneur sought NIW for enterprise architecture and SAP transformation advisory services. AAO dismissed because the applicant failed to demonstrate national importance of the specific proposed endeavor; lack of evidence corroborating job creation projections and economic impact claims.

A computer scientist with Ph.D. in STEM sought EB-2 national interest waiver for research endeavor. The AAO dismissed, finding he failed the second Dhanasar prong. Though his Ph.D. and publications were favorable factors, he lacked consistent independent research funding or demonstrated government interest to advance his proposed endeavor.

A computer information systems professional proposed modernization services to small and medium enterprises. The AAO held the endeavor lacks national importance under Dhanasar; services to direct clients alone do not establish broader field impact or global implications needed for national importance. Appeal dismissed.

A Ph.D. student in informatics sought NIW for EB-2 classification with advanced degree. The AAO dismissed appeal after finding the proposed AI research endeavor lacks national importance. Field importance and STEM or critical emerging technology status alone do not establish specific endeavor's national importance.

Computer scientist with Ph.D. in computer and information engineering seeks NIW for EB-2 to conduct machine learning and optimization research. AAO sustained appeal, finding all three Dhanasar prongs satisfied because SCOPS misconstrued proposed endeavor and undervalued contributions to critical STEM technology advancement.

A computer science researcher with a PhD seeks EB-2 with NIW based on AI and STEM education research. SCOPS found she qualified for underlying EB-2 but denied NIW. The AAO affirmed because her proposed endeavor lacked sufficient specificity and corroborating evidence to establish national importance under Dhanasar's first prong.

Machine learning software engineer employed by a company seeks national interest waiver. Claimed his proposed AI research has substantial merit and national importance. AAO held the evidence does not demonstrate prospective national or global impact on the field; references to AI importance and conference invitations do not establish national importance of his specific endeavor.

Machine learning engineer with PhD in electrical and computer engineering seeks NIW for EB-2 employment-based classification. Proposed research in safe and fair AI algorithms for autonomous and recommendation systems. AAO found research had national importance but petitioner lacked demonstrated position, track record, and plan to advance the specific endeavor; appeal dismissed.