Published AAO appeal decisions

A software engineer sought EB-2 NIW for Internet of Things research. The AAO found the proposed endeavor met Dhanasar's first prong with national importance. However, the petitioner failed the second prong: academic credentials and published research were insufficient to demonstrate he was well positioned to advance the endeavor.

Software developer with ten years experience seeks NIW for independent software development and possible game company. AAO dismissed appeal, finding proposed work lacks national importance beyond prospective employers and clients, and applicant lacks demonstrated success or concrete plan to advance the endeavor.

A software developer sought EB-2 classification as an individual of exceptional ability with a national interest waiver. The AAO found the petitioner satisfied only two of the six exceptional ability criteria and lacked progressive post-baccalaureate experience. Because the underlying EB-2 qualification was not established, the national interest waiver claim became moot and was not analyzed.

Software developer with overseas experience sought EB-2 with national interest waiver. AAO held he failed to meet three exceptional ability criteria and failed first and third Dhanasar prongs, dismissing the appeal.

Software engineering manager self-employed. Claimed extraordinary ability via original contributions, scholarly articles, leading role, high salary. AAO upheld three criteria met but found no sustained national or international acclaim or evidence of placement in top small percentage, dismissing appeal.

Software engineer director at e-commerce company seeks EB-1A extraordinary ability. Met high salary and leading role criteria but failed original contributions criterion. AAO found no evidence contributions impacted field broadly or were recognized as majorly significant beyond employer's internal benefit.

Software engineer sought NIW for EB-2 classification. Petitioner claimed software development for U.S. companies would benefit national economy. AAO held the proposed endeavor lacks national importance because it would benefit only immediate employers and clients without broader industry or economic implications.