Published AAO appeal decisions

Data scientist seeks NIW for developing fraud prevention systems at employer. AAO found proposed endeavor has substantial merit but lacks national importance; employer benefits insufficient to show broader implications for field or economy.

Enterprise account engineer sought national interest waiver under EB-2, proposing consulting services to SMEs for cloud migration and cybersecurity modernization. AAO found endeavor lacked sufficient evidence of prospective national importance, focusing on her individual consulting work rather than field-wide or broader economic impact.

Ph.D. computer scientist in machine learning and healthcare sought EB-2 NIW. Claimed research has national importance based on industry relevance and policy alignment. AAO dismissed finding petitioner conflated field importance with specific endeavor impact and failed to show particular proposed research would result in national-level consequences.

Beneficiary is a software engineer at a technology company proposing to work on enterprise connectivity and digital platforms. The AAO found substantial merit but rejected the petition because the beneficiary failed to demonstrate that her specific proposed endeavor has national importance; work benefiting a single employer, even with national footprint, is insufficient.

A computer scientist with a Ph.D. in computer science seeks EB-2 with NIW. The AAO dismissed the appeal, finding she misunderstood national importance requirements and failed to show her proposed endeavor would impact the field broadly. Routine or incremental contributions without broader implications do not satisfy the Dhanasar standard.

Cybersecurity professional with master's degree sought EB-2 NIW for developing post-quantum cryptography toolkits for small and medium institutions. AAO found endeavor lacked demonstrated national importance: proposed work and supporting evidence did not establish prospective impact, funding plan, timeline, or scale of utilization commensurate with national benefit.

A manufacturing engineer with an advanced degree sought an NIW for semiconductor work. The AAO dismissed the appeal, finding the petitioner established substantial merit but failed to demonstrate national importance of the specific proposed endeavor beyond his employer's contributions.

A systems engineer sought an NIW but failed to demonstrate national importance for his endeavor. The AAO found his business plans and impact claims too general and localized; assertions about secondary ripple effects and industry alignment did not satisfy Dhanasar's requirement for substantial positive economic effects or broad field advancement.

A specialist in digital transformation and cybersecurity seeks EB-2 advanced degree classification and NIW. Service center found substantial merit and that petitioner was well-positioned to advance the endeavor but rejected it for lack of national importance. AAO affirmed dismissal, finding the specific proposed endeavor lacked demonstrated national importance despite field importance.

Petitioner is a cybersecurity professional proposing to advance Internet of Things security in critical infrastructure. The AAO dismissed the appeal finding substantial merit but lacking national importance; petitioner's skills and client-focused work do not demonstrate broader implications rising to national importance level required.

An information security analyst holding a master's in cybersecurity operations sought EB-2 national interest waiver for a cybersecurity consulting firm. The AAO found the applicant demonstrated substantial merit but lacked evidence of the specific endeavor's national importance. General industry importance and alignment with federal priorities were insufficient.

A COO with master's degree sought EB-2 NIW for a business providing global internet connectivity and cloud services. The AAO dismissed the appeal, finding the proposed endeavor's field is important but the specific endeavor lacks demonstrated national importance, broader implications, or substantial projected economic effects required under Dhanasar.

Data protection and technology specialist with advanced degrees sought national interest waiver for developing digital-identity systems. AAO affirmed denial, holding past experience and industry publications about importance of field do not establish prospective impact of specific proposed endeavor.

A semiconductor technology researcher with a Ph.D. sought NIW under Dhanasar. USCIS denied, finding advanced degree qualification but failing all three Dhanasar prongs. AAO remanded, finding USCIS did not meaningfully evaluate the record or address petitioner's evidence.

Mathematical and electrical engineering researcher sought EB-2 national interest waiver. Motion to reopen granted on advanced degree issue but dismissed on merits. Proposed medical imaging research endeavor too vague at filing date; potential impacts on field and national initiatives lacked sufficient direct evidentiary support despite prior research accomplishments.

A software engineer with master's degree in computer science seeks EB-2 national interest waiver for designing novel algorithms in private cloud storage. The AAO dismissed, finding the proposed endeavor lacked demonstrated national importance beyond the employer's specific needs.

Software engineer proposing AI infrastructure development for large language models advancing U.S. innovation seeks NIW under EB-2. AAO remanded because record was incomplete with illegible exhibits and SCOPS did not fully evaluate all three Dhanasar prongs. Petitioner to resubmit clear copies and articulate national importance and balance analysis.

A systems engineering specialist sought EB-2 national interest waiver. The AAO dismissed the appeal, finding the proposed endeavor lacked sufficient national importance under Dhanasar. Working in telecommunications generally does not establish specific endeavor importance; broader industry relevance was insufficient.

A technology corporation sponsored an engineer for EB-2 with NIW to advance wireless RF digital module design. The petitioner failed to address the third Dhanasar prong (balance favoring waiver) including labor certification impracticality; the appeal arguments were limited and did not meaningfully contest the service center's denial. The appeal was dismissed as the third prong is dispositive.

An entrepreneur in STEM education filed a motion to reconsider an NIW denial for an EB-2 national interest waiver for a coding academy. The AAO affirmed the prior decision that the petitioner failed the first Dhanasar prong: the proposed academy lacked independent corroboration of national importance and would not impact the field beyond local scope.

Data security and compliance professional with exceptional ability sought NIW for consultancy serving small and medium enterprises and educational institutions. AAO dismissed appeal because petitioner failed to establish national importance; evidence lacked sufficient detail showing the specific company's endeavor would achieve substantial positive economic effects at national scale.

Cybersecurity professional with Master's degree sought EB-2 national interest waiver without job offer. AAO affirmed denial, finding the proposed endeavor lacked national importance despite claimed expertise in enterprise platforms. Unsupported assertions about billion-dollar transactions and strategic alignment insufficient without corroborating evidence of specific prospective impact.

Telecommunications engineer sought EB-2 NIW for startup company providing connectivity and cybersecurity solutions. SCOPS found substantial merit but denied lack of national importance. AAO affirmed, finding proposed endeavor lacked specific details about services, job creation, and scale necessary to demonstrate national importance.

A research scientist with a master's degree in electrical and computer engineering sought an NIW for EB-2 classification. The AAO found the proposed endeavor had substantial merit and national importance but dismissed because the petitioner lacked a concrete plan and employment pursuit evidence to demonstrate he was well-positioned to advance it.

An IT systems engineer seeking EB-2 classification with a national interest waiver filed a self-petition. The AAO found the beneficiary qualified for EB-2 as an advanced degree professional but failed to establish national importance of his proposed endeavor. The vague business plan lacked evidence of significant employment creation or economic benefits at regional or national levels.