Published AAO appeal decisions

An IT architect and entrepreneur sought NIW for work as a software engineer and architect. The petitioner claimed five of six exceptional ability criteria. The AAO dismissed the appeal, finding the petitioner did not meet the required three criteria for underlying EB-2 classification and therefore was ineligible for NIW consideration.

Software developer sought NIW for self-proposed endeavor in software optimization and later cryptocurrency/robo-advisor services. AAO dismissed appeal because proposed endeavor lacks national importance; material changes to scope were not properly established; and petitioner lacked expertise in modified areas.

Software developer seeks NIW claiming field importance. AAO agreed petitioner failed to identify specific endeavor or demonstrate national importance; general assertions about software development do not establish impact beyond employer or customer base.

Information technology entrepreneur proposing work safety software company sought EB-2 NIW classification. AAO held endeavor lacked national importance under Dhanasar because petitioner failed to demonstrate how one company operation would impact field broadly or produce substantial economic effects at regional or national level.

An employer sponsored a senior software engineer for EB-2 with national interest waiver, proposing software engineering work on internal projects. The AAO affirmed dismissal, finding recommendation letters focused on beneficiary's individual performance and company benefits rather than demonstrating the endeavor's prospective national importance.

A quality assurance engineer sought EB-2 classification and national interest waiver for a teaching endeavor. The AAO affirmed denial, finding while the petitioner was well-positioned to teach, the proposed software QA education activities lacked national importance and would not impact the field broadly.

A senior software maintenance engineer with over 10 years of experience sought EB-2 classification as an individual of exceptional ability with national interest waiver. The AAO dismissed the appeal, finding the petitioner met only two of six evidentiary criteria and lacked the significantly above-ordinary expertise required for exceptional ability.

Software developer claimed his endeavor modernizing financial institutions through software solutions meets national importance for NIW. AAO found substantial merit but rejected national importance because impact limited to prospective employer or clients, not field broadly. Appeal dismissed.

Software developer sought EB-2 with national interest waiver for middleware development company. AAO held proposed endeavor lacked national importance: software applications served particular clients only, not broader industry; business plan showed minimal capital and no contractual commitments to demonstrate significant employment potential.

A software developer sought EB-2 national interest waiver, conceding advanced degree qualification. Claiming his Wyoming internet marketing company would reduce developer shortages and produce substantial economic effects, he failed to demonstrate national importance under Dhanasar. The AAO dismissed because the endeavor lacked broader industry implications and significant job creation potential.

Software developer engineer in test seeks EB-2 with NIW. AAO held the endeavor has substantial merit but lacks national importance because it benefits only the employer and does not ameliorate software engineer shortage broadly.

A software developer sought EB-2 NIW for healthcare-related software work. The AAO dismissed the appeal, finding the petitioner failed the first Dhanasar prong: evidence addressed general industry importance rather than the specific endeavor's prospective impact, and claimed economic effects were too localized to reach national importance.

Systems engineer sought NIW to develop business management software for small and medium-sized enterprises. AAO dismissed because petitioner failed to establish national importance of the specific endeavor: while evidence showed his qualifications, the software development focused on serving individual clients without broader industry or economic impact.

Musician and software engineer seeking NIW for music education technology venture. AAO dismissed appeal, finding substantial merit but no national importance; endeavor lacked innovation, employee creation plans, or industry-wide impact commensurate with national significance.

A software engineer with an advanced degree sought an EB-2 national interest waiver for work in the U.S. information technology field. The AAO dismissed because the engineer's proposed endeavor, though meritorious, lacked demonstrated national importance as it would not impact the IT field broadly.

Software quality assurance expert seeking EB-2 with national interest waiver claimed endeavor in consultancy and workforce training had national importance. AAO dismissed appeal, finding his proposed services lacked sufficient prospective impact beyond his company and clientele to rise to national importance level required by Dhanasar first prong.

A software engineer with foreign bachelor's degree seeks NIW for emergency response mobile platform company. Claimed advanced degree and exceptional ability status. AAO dismissed appeal, finding petitioner failed to establish underlying EB-2 eligibility; foreign degree not established as equivalent to U.S. bachelor's or above, and exceptional ability criteria not met. NIW eligibility reserved.

Software developer and entrepreneur sought NIW under EB-2 advanced degree. Petitioner claimed his IT system integration services company would benefit the economy. AAO dismissed the appeal, finding the proposed endeavor lacked national importance as required by Dhanasar's first prong, declining to address the remaining prongs.

Software quality analyst sought NIW based on EB-2 advanced degree or exceptional ability. Failed to establish qualifying EB-2 classification; lacked valid foreign degree credential. AAO declined discretionary review of NIW Dhanasar prongs due to failure on threshold EB-2 qualification.

Software developer and color management technology inventor sought NIW as EB-2 advanced degree holder. Claimed endeavor had substantial merit and national importance. AAO affirmed denial, finding endeavor lacked national importance; impact limited to employer and industry partners without demonstrating significant prospective economic benefits or job creation.

Software developer seeking NIW for startup software company. AAO dismissed appeal, finding substantial merit but no national importance; applicant's work limited to individual clients without broader field impact or demonstrated substantial economic effects.