Published AAO appeal decisions

Information technology researcher with advanced degree sought NIW. AAO dismissed appeal, finding proposed endeavor has national importance but petitioner lacks relevant expertise, clear research plan, and demonstrated funding success needed to be well-positioned to advance it.

A Ph.D. software engineering student sought EB-2 classification with a national interest waiver. The petitioner claimed three exceptional ability criteria. The AAO found the petitioner met one criterion but withdrew a prior favorable determination on professional membership, leaving the petitioner unable to satisfy all three claimed criteria. Appeal dismissed without reaching the national interest waiver analysis.

Graduate research assistant in cybersecurity self-petitions for EB-2 NIW. Proposes autonomous vehicle security research with substantial merit and national importance. AAO finds insufficient evidence of deployment impact, citation comparisons, or progress rendering her well positioned to advance the endeavor.

Information security analyst sought EB-2 NIW for developing unified cybersecurity framework integrating DLP, IRM, and AI. AAO found endeavor lacked national importance despite alignment with executive orders on cybersecurity and AI. Consultancy work lacks sufficient broader field impact. Appeal dismissed.

Software engineer with master's degree proposing to develop open-source web components library for data visualization. AAO held proposed endeavor lacks national importance under Dhanasar first prong; general STEM field importance insufficient without demonstrated broad impact.

An IT program manager seeking EB-2 classification and NIW claimed exceptional ability and national importance for proposed IT project management business. AAO found he failed to meet three evidentiary criteria for exceptional ability and that his proposed endeavor lacked national importance beyond his company and clients, thus denying the NIW.

Computer network architect self-petitioner sought NIW under EB-2. AAO affirmed SCOPS denial, finding her proposed endeavor in telecommunications security had substantial merit but lacked the national importance required by Dhanasar's first prong, as general field alignment does not establish specific endeavor impact.

A software development manager with master's degree sought a national interest waiver. The AAO held his proposed work as a software development manager lacked national importance; despite alignment with cybersecurity policy goals, no evidence demonstrated prospective impact beyond employer clients or field-wide significance. Appeal dismissed.

Research scientist in natural language processing holds Ph.D. and works as research associate. Claimed extraordinary ability under EB-1A. Met three regulatory criteria including judging and scholarly articles. AAO upheld denial because totality of evidence did not demonstrate sustained acclaim or position among small percentage at top of field.

Ph.D. student in computer science with research focus on human-machine interfaces and AI sought EB-2 with NIW. AAO reversed service center on prong one, finding national importance established, but affirmed dismissal after finding petitioner not well positioned to advance endeavor.

An IT professional sought EB-2 national interest waiver to establish an LLC providing custom IT services to small and medium businesses. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance despite cybersecurity's overall importance, as benefits would not extend beyond the LLC's immediate clients.

Senior business analyst proposes self-employment in e-waste AI and e-commerce business. Claimed endeavor has national importance and would generate jobs and tax revenue. AAO dismissed appeal, finding endeavor lacks documented prospective impact beyond specific clients and does not meet national importance requirement under Dhanasar first prong.

IT professional with advanced degree seeks NIW to work in project management and AI adoption. AAO agreed endeavor has substantial merit but lacked national importance because benefits did not extend beyond individual employers or substantially impact the field.

An advanced computing specialist sought EB-2 national interest waiver to found a consulting firm offering AI-driven sustainable computing solutions in autonomous vehicles, healthcare, and semiconductors. The AAO affirmed denial because the proposed endeavor lacked sufficient evidence of national importance, broader field impact, or substantial economic effects.

Researcher in cybersecurity sought NIW under EB-2. AAO found his proposed AI-based research had national importance but dismissed because he lacked sufficient record of success and feasible plan demonstrating he could advance it as described in academic or industrial environment.

Computer science researcher seeking EB-2 with national interest waiver claimed substantial merit, national importance, and ability to advance research independently. AAO found the first prong met but dismissed the appeal because the petitioner failed to demonstrate he was well-positioned to advance the proposed endeavor.

Cybersecurity academy founder and CEO sought EB-2 NIW. AAO found proposed endeavor had substantial merit but lacked national importance; consulting activities insufficient in scale and impact to affect field, economy, or national security broadly.

A computer scientist and AI company co-founder/CTO sought EB-1A extraordinary ability. He met three initial criteria (published material, judging, scholarly articles). However, final merits analysis found his achievements did not demonstrate sustained national or international acclaim or placement among the very top in his field. Appeal dismissed.

Cybersecurity and Internet of Things researcher met initial three-criterion threshold but failed final merits determination. AAO found insufficient evidence of sustained national or international acclaim or career of acclaimed work at field's top.

A telecommunications researcher with doctorate proposed advancing machine learning and deep learning research under EB-2 national interest waiver. AAO found her endeavor met national importance but dismissed appeal because publications, nominal peer reliance, and limited demonstrated funding responsibility failed to show she was well positioned to advance it.

AI researcher and CEO sought EB-1A classification claiming four criteria; two were met. Motion to reconsider challenged findings on original contributions and high salary. AAO upheld prior dismissal, finding motion did not establish error in law or policy application.

A research scientist with a PhD in computer science sought EB-2 NIW for AI research in multimodal machine learning. SCOPS denied NIW but approved advanced degree qualification. The AAO reversed, finding all three Dhanasar prongs met: substantial merit and national importance in AI, petitioner well-positioned, and waiver balances beneficially for the United States.

Chief Technology Officer seeking EB-1A extraordinary ability in science, technology, and education claimed seven criteria. AAO dismissed appeal, finding petitioner failed to meet three required criteria: awards not related to proposed endeavor, published material insufficient, and original contributions not of major significance.

An entrepreneur and computer systems engineer sought NIW classification to operate an IT services company. The appeal was dismissed because the petitioner failed to establish the venture's national importance or that a waiver would benefit the United States, and also lacked advanced degree credentials as initially claimed.

An information security analyst in IT and cybersecurity sought EB-1A classification. She claimed four criteria across proceedings. The AAO found membership and salary criteria unmet and reserved analysis of two others. Aggregate review showed no sustained national or international acclaim or evidence of top-tier recognition in the field.