Published AAO appeal decisions

An applicant with advanced degree sought NIW EB-2 to develop blockchain and smart contract technologies for insurance, alongside academic teaching. The AAO dismissed the appeal, finding the endeavor had substantial merit but lacking national importance; the proposed product and teaching activities would not impact the field broadly enough.

Computer scientist with master's degree seeking EB-2 national interest waiver for research on optimization algorithms in machine learning. AAO dismissed, finding proposed endeavor lacked national importance; evidence showed importance of field, not specific petitioner's work beyond employer.

An industrial engineering developer of data models sought EB-2 with national interest waiver. The AAO affirmed denial because his on-the-job research lacked national importance, benefiting only his employer and customers without broader field implications; prior NSF funding does not establish national importance of new proposed endeavor.

A data scientist with a doctorate in computer science sought an EB-2 NIW by proposing AI-driven drug discovery research. The AAO reversed SCOPS' denial, finding the proposed endeavor clearly described with substantial merit and national importance, and remanded for reconsideration of whether the balance favors waiver.

Technology professional claiming extraordinary ability under EB-1A. Petitioner asserted five criteria on appeal, three on merit review: original contributions, leading role, and published material. AAO affirmed denial, finding contributions lack specificity and field-wide impact, and leading role lacks hierarchy detail. Failed to meet required minimum three criteria.

Petitioner holds advanced degree and seeks NIW for research developing fairer face recognition systems through synthetic data and bias mitigation. SCOPS found substantial merit but denied national importance. AAO affirmed dismissal, ruling petitioner conflated field importance with specific endeavor importance and lacked sufficient evidence of prospective impact.

An IT project manager with an advanced degree proposed work improving local government services through technology implementation. The AAO rejected her claim that this had national importance, finding her work would benefit only her employer and its clients without broader industry or regional implications.

Cryptography researcher pursuing PhD seeks EB-2 advanced degree and NIW for research developing secure communication and privacy tools. AAO found proposed endeavor has substantial merit and national importance. However, petitioner lacks documented postdoctoral position or specific employment commitment, failing to establish he is well-positioned to advance the work.

Computer science Ph.D. candidate proposed research in AI-enhanced network performance. AAO found proposed endeavor has substantial merit and national importance but rejected petition because petitioner lacks sufficient record of research success or progress to be well positioned to advance the work.

A senior artificial intelligence engineer sought an EB-2 national interest waiver for research in AI technologies for spatial-temporal understanding. The AAO dismissed, finding the petitioner established the first prong required substantial merit but failed to prove national importance of his specific proposed endeavor.

Software engineer and graduate student researcher in information technology seeking EB-2 advanced degree classification and national interest waiver for data security research integrating artificial intelligence and machine learning. Described endeavor in generalized terms without specific details, novel methodology, or demonstrated broad impact. AAO dismissed appeal; first Dhanasar prong not established.

A researcher in wireless charging technology for smartphones sought EB-2 NIW classification. The AAO dismissed the appeal, finding the petitioner established substantial merit and was well-positioned to advance the endeavor, but failed to demonstrate national importance. Letters lacked corroboration and specific evidence of broader impact on industry, economy, or national security.

Computer science research scientist sought NIW under EB-2 classification. AAO dismissed appeal because proposed endeavor lacked national importance; vague research plans, no identified research field, and no documented permission to publish or present at conferences defeated first Dhanasar prong.

A designer and entrepreneur seeks EB-2 national interest waiver for AI-powered user experience and smart footwear technology. The AAO dismissed because although the endeavor has substantial merit in technology and business, the petitioner failed to establish its national importance, presenting vague claims across multiple industries without sufficient focused prospective impact.

A software developer in cybersecurity sought NIW to operate a consulting firm offering cybersecurity services to education, finance, and data protection sectors. The AAO affirmed dismissal because the petitioner failed to establish that the company's endeavor would have national importance, relying instead on general cybersecurity field importance without evidence of specific prospective impact.

Graduate student researcher in artificial intelligence claimed exceptional ability and national interest waiver. Service center denied without analyzing national importance or waiver discretion. AAO remanded for complete Dhanasar analysis, finding service center misidentified the proposed endeavor and failed to assess specificity and prospective impact.

Staff R&D engineer seeking NIW as EB-2 advanced degree professional. Qualified for EB-2 but failed first Dhanasar prong: proposed research projects lack sufficient evidence of national or global impact or broader field implications. Benefits narrowly confined to specific employer. Appeal dismissed.

A computer science researcher with a master's degree in computer science sought EB-2 NIW classification. Although qualified as an advanced degree professional, the AAO found his proposed endeavor in artificial intelligence and large language models lacked demonstrated national importance beyond his employer.

PhD holder in AI and infrastructure management, founder of startup, sought EB-2 NIW. Proposed endeavor: lead AI and infrastructure research and consulting. USCIS found substantial merit but insufficient evidence of national importance. AAO affirmed: endeavor lacks specificity, funding details, and demonstrated broader impact; appeal dismissed.

Engineering graduate student self-petitioner sought NIW for AI research using linguistics and game theory. AAO dismissed appeal, finding proposed endeavor lacked specific details and documented prospective impact required to establish national importance under Dhanasar first prong.

Computer science researcher with master's degree seeking NIW for autonomous vehicle research. Claimed endeavor has national importance aligned with road safety and energy efficiency. AAO held specific proposed endeavor lacks national importance despite field alignment; expert letters and publications insufficient to demonstrate broader implications or reliance by other researchers.

A research scientist with a Ph.D. sought NIW to develop AI optimization algorithms for large language models and computer vision. The AAO dismissed the appeal, finding the petitioner failed to demonstrate national importance; benefits appeared limited to the employer without broader field implications.

A business analyst sought EB-2 NIW to establish an AI cybersecurity business as CEO and software developer. The AAO dismissed the appeal, finding the proposed endeavor has substantial merit but lacks demonstrated national importance; alignment with government cybersecurity priorities does not establish the specific endeavor's national significance.

Cybersecurity consultant with master's degree sought EB-2 national interest waiver for self-employment in digital security. AAO affirmed denial on first prong: petitioner works in important field but did not demonstrate specific proposed endeavor has national importance or broader implications in cybersecurity. No new evidence provided on appeal.

AI/ML software engineer sought EB-2 national interest waiver for on-device machine learning development. AAO found substantial merit but no national importance. Letters claiming critical role insufficient without corroborating evidence of broader field implications or economic effects. Second and third Dhanasar prongs not reached.