Published AAO appeal decisions

Cybersecurity specialist seeks NIW to establish consulting company as CEO. AAO dismissed appeal, finding petitioner failed to demonstrate national importance of proposed endeavor, lacking evidence the company would operate at scale or have broader implications for cybersecurity industry despite cybersecurity being government priority.

Machine learning engineer employed at social media company seeking NIW for EB-2. AAO held proposed endeavor lacks national importance despite working in valuable AI field; petitioner's specific work on user engagement lacks broader implications. Appeal dismissed.

A network security architect employed by an IT services company sought EB-2 NIW classification. The petitioner proposed developing network architecture solutions addressing cyber threats but failed to establish national importance. The AAO held that personal expertise and industry significance do not substitute for demonstrating the specific endeavor's prospective national impact.

Automobile company petitioned for enterprise connectivity systems engineer beneficiary with master's degree, EB-2 advanced degree professional with NIW. AAO upheld denial, finding proposed work lacks national importance beyond employer; focused on specific endeavor, not field importance.

A systems engineer in education technology sought extraordinary ability classification for developing an e-learning platform. The AAO dismissed the appeal, finding the petitioner satisfied only two of ten required criteria and failed to establish original contributions of major significance in the field.

IT professional with advanced degree sought NIW under EB-2 for STEM research. AAO found first two Dhanasar prongs met but dismissed because petitioner demonstrated ability to secure employment and failed to establish that national interest was urgent enough to waive labor certification requirement.

Computer science researcher sought EB-2 NIW. Petitioner qualified as advanced degree professional and proposed AI and mental health research. AAO dismissed, finding petitioner not well-positioned under Dhanasar prong two; publication and citation rates unexceptional relative to field, and insufficient evidence of progress or sustained interest in proposed endeavor.

IT manager of exceptional ability sought EB-2 NIW. AAO affirmed failure to establish underlying EB-2 exceptional ability classification (missing three regulatory criteria) and held proposed endeavor lacks national importance; first Dhanasar prong unmet, waiver denied.

Blockchain engineer seeking EB-2 NIW classification for exceptional ability. Failed to satisfy at least three of six regulatory criteria for exceptional ability, including membership in professional associations, salary evidence, and recognition for significant contributions to industry. Underlying EB-2 eligibility not established.

A computer vision engineer with Master's in electrical and computer engineering sought national interest waiver for EB-2 classification. AAO found proposed AI research had substantial merit and national importance but concluded petitioner lacked sufficient record of success, detailed plan, or financial means to advance the endeavor.

Employer-sponsored NIW petition for beneficiary machine learning engineer. Claimed national importance through AI and cybersecurity technologies enhancing gaming platforms. AAO held STEM field and worker shortage insufficient; specific endeavor lacks broader implications beyond employer's clients; no substantial positive economic effects demonstrated.

An EB-2 advanced degree holder sought a national interest waiver for a STEM research endeavor. The AAO dismissed the appeal, finding the proposed research had substantial merit but lacked national importance because the evidence did not demonstrate sufficiently broad impact beyond the individual's work.

Product manager sponsored by employer for EB-2 with NIW. Claimed proposed endeavor in cloud gaming analytics has substantial merit and national importance. AAO held endeavor lacks national importance because benefits are limited to specific employer despite national footprint; working in important field insufficient; labor certification process addresses STEM shortages.

Systems administrator for AI laboratory in clinical research company seeks EB-2 with NIW. Petitioner showed substantial merit but failed to demonstrate national importance of the endeavor. Decision held specific work lacks broader implications or scale reaching national impact in STEM despite relating to AI and clinical trials.

A researcher with published work seeks EB-2 with national interest waiver to pursue computer science research and lecturer position applying computer science to business processes. She failed to demonstrate her research has national importance or broader field impact and did not establish she is well-positioned to advance the endeavor. The AAO dismissed the appeal.

IT sales manager with advanced degree seeks EB-2 classification with national interest waiver. AAO upheld denial, finding petitioner established substantial merit but failed to show national importance; stated intention to work in important field does not establish national importance of specific proposed endeavor.

Industrial engineer seeking NIW for EB-2 classification claims proposed endeavor in supply chain optimization, warehouse operations using AI, and autonomous air taxis addresses national interests. AAO held the endeavor lacks demonstrated national importance; working in STEM and emerging technologies alone insufficient without evidence of prospective impact or broader implications.

Entrepreneur seeking EB-2 with self-petitioner NIW for cybersecurity and IT consulting startup. Claimed endeavor has national importance through potential employment and economic ripple effects. AAO held endeavor lacks national importance; specific business plan too vague; benefits limited to company and clients; no evidence of broader implications.

Self-petitioner, IT professional proposing specialized IT consulting and training business. Claimed national importance based on STEM field work and gender diversity in IT. AAO dismissed, finding the specific endeavor lacks national importance; working in STEM alone does not establish national importance of a particular proposed business.

Software developer/consultant in cloud computing and DevOps sought EB-2 exceptional ability and NIW. AAO found proposed consultancy lacks national importance despite merit of field and petitioner's skills; no evidence of broader impact beyond employer clients.

Engineer seeking NIW for computer systems architecture and project lead role at multinational retail company. Petitioner established proposed endeavor has substantial merit but failed to demonstrate national importance. Decision held work with advanced technologies insufficient without evidence of specific prospective economic impact or U.S. job creation from petitioner's particular role.

IT professional with master's degree seeks NIW as advanced degree professional. Petitioner claimed healthcare IT work addressing national needs and data security would have national importance. AAO found work only benefited single employer and immediate clients, lacking field-wide impact required for national importance under Dhanasar first prong.

An IT consultant with a bachelor's degree seeks NIW as EB-2 advanced degree professional to establish a company offering digital transformation consulting for small and medium businesses. The AAO dismissed the appeal, finding the proposed endeavor lacks national importance because it does not extend beyond the company's clients to impact the field broadly.

Software engineer with master's in computer science sought NIW under EB-2. AAO confirmed advanced degree qualification but dismissed appeal, finding her proposed cybersecurity work lacked national importance because it would not extend beyond her employer and clients to impact the field broadly.

Computer network architect and entrepreneur seeking EB-2 NIW to operate AI and IT solutions company. Claimed endeavor of national importance but provided only conclusory statements about qualifications without demonstrating specific prospective impact on economy, national security, or technology sectors.