Published AAO appeal decisions

An engineer and applied scientist sought EB-2 NIW classification for work in artificial intelligence and machine learning. The AAO found the proposed endeavor lacked sufficient definition and failed to demonstrate national importance distinct from general field value, as required under Dhanasar. Appeal dismissed without addressing remaining prongs.

Certified investment analyst with advanced degree seeks EB-2 with national interest waiver. Claimed endeavor has national importance for U.S. investment and capital markets. AAO affirmed denial, finding endeavor lacks national importance; tailored consulting services lack broadly applicable measures and evidence of substantial economic ripple effects or national-level impact.

Post-doctoral fellow in industrial engineering and operations research sought EB-2 NIW for machine learning research. AAO found endeavor had substantial merit and national importance but petitioner lacked sufficient positioning to advance it. Appeal dismissed.

Metal fabrication Project Procurement Manager seeks NIW for EB-2 classification. Petitioner claimed endeavor modernizes U.S. infrastructure and bridges. AAO dismissed appeal, finding endeavor has substantial merit but lacks national importance because impact is limited to specific clients and projects, not the broader metal fabrication or construction industry.

Assistant professor with Ph.D. in computer science proposing STEM research endeavor claiming national interest waiver. AAO dismissed appeal, finding petitioner not well-positioned to advance the endeavor; peer review is common academic activity, funding sources unclear, research citations narrowly circulated, insufficient evidence of feasibility or field impact.

Enterprise architect self-petitioner claimed eight criteria; SCOPS found four met. AAO confirmed three met criteria but held totality of evidence insufficient to show sustained national or international acclaim or membership among small percentage at field top.

Web developer and digital designer seeks NIW for EB-2 self-employment in web development and STEM training with free courses for underserved populations. Petitioner claimed alignment with national workforce shortage and STEM equity priorities. AAO dismissed, finding endeavor lacks national importance; field importance and general national goals do not establish specific endeavor's national importance.

Information technology manager from Argentina sought EB-1A extraordinary ability classification. Claimed three additional criteria beyond two previously found by SCOPS. AAO found petitioner did not meet at least three of ten criteria: withdrew judging criterion based on lack of actual participation evidence in conference archives, rejected original contributions criterion for lack of meaningful field impact, and found no basis for other claims. Appeal dismissed.

A data scientist with advanced degrees in data analytics and related fields sought EB-2 classification with NIW. The AAO held his proposed work developing AI solutions for his employer, while beneficial to that employer, lacks the broad field-level national importance required under Dhanasar.

A utility company seeks NIW for electrical engineer to advance cybersecurity efforts. AAO affirmed denial because the record failed to establish national importance of the beneficiary's specific proposed endeavor; general importance of utility operations and cybersecurity does not satisfy Dhanasar first prong.

Electronics engineer in telecommunications seeks NIW for EB-2 self-employment in fiber optic services. Petitioner claimed national importance based on Federal Fiber to Home alignment. AAO dismissed, finding the specific endeavor lacks national importance despite working in important field; general industry alignment insufficient without evidence of broader prospective impact.

Computer scientist specializing in bioinformatics employed by technology company sought EB-2 with NIW. AAO dismissed because evidence demonstrated field importance but failed to establish national importance of petitioner's specific proposed research endeavor or its prospective impact under Dhanasar.

A lawyer sought EB-2 national interest waiver (NIW). He initially stated vague intent to continue studies and practice, then materially changed his proposed endeavor on appeal to establish a legal consulting and education business. The AAO dismissed because he did not establish a specific proposed endeavor at filing, and changed proposals cannot cure defects.

An electrician in industrial maintenance and automation sought NIW as EB-2 member of professions. AAO dismissed, finding the proposed endeavor lacks national importance under Dhanasar. Individual company consultancy services lack sufficient scale, employment potential, or economic effects to rise to national level.

An assistant research scientist in medical entomology sought EB-1A extraordinary ability classification. The AAO dismissed the appeal, finding the applicant met only two of the required three initial evidentiary criteria and failed to establish membership, published material, or original contributions.

Petitioner with high school diploma and two-year accounting diploma sought EB-2 with national interest waiver. AAO dismissed, finding petitioner failed to qualify as advanced degree professional because a two-year diploma plus work experience does not equal a bachelor's degree; experience cannot substitute for the required four-year baccalaureate degree.

Chief financial officer sought EB-2 national interest waiver for credit recovery services business with machine learning technology. AAO affirmed SCOPS denial, finding petitioner failed national importance prong despite business plans. Unsupported employment projections and lack of evidence showing technology improvements or national economic significance precluded eligibility.

A software engineer and systems researcher sought an NIW for autonomous vehicle research. The AAO found substantial merit in the proposed endeavor but dismissed the appeal because the petitioner failed to demonstrate he was well positioned to advance it, lacking evidence of progress or external support.

An employer petitioned for a quality assurance manager in aerospace manufacturing, seeking EB-2 advanced degree classification with a national interest waiver. The service center denied it. The AAO dismissed the appeal, holding the endeavor lacked national importance because its impact was confined to the employer and economic benefits were too attenuated, so other prongs were not reached.

An automotive service technician sought NIW for an exceptional ability business endeavor. The AAO dismissed the appeal, finding the proposed automotive repair venture lacked national importance despite its focus on important industry challenges; benefits were too localized to the petitioner's company.

Martial arts academy petitioned for EB-1A extraordinary ability for Muay Thai coach beneficiary. AAO dismissed appeal, finding athlete failed to meet three regulatory criteria required for extraordinary ability. Athletic awards, team affiliations, and media coverage did not establish excellence or acclaim in coaching field specifically.

A mathematician with a Ph.D. sought an EB-2 national interest waiver for mathematical research with government initiative alignment. The AAO agreed the proposed endeavor meets the first Dhanasar prong but found the petitioner is not well-positioned to advance it due to unclear employment status, unclear research duties, and insufficient evidence of available funding and institutional support.

Health services manager with advanced nursing degree seeking EB-2 classification and NIW for proposed healthcare business claimed national importance based on federal alignment, job creation projections, and revenue forecasts. AAO found proposed endeavor lacks national importance because benefits do not extend beyond individual patients to impact healthcare field broadly.

Ph.D. civil engineering student sought EB-2 with national interest waiver for railway safety and cybersecurity work. AAO dismissed, finding the proposed endeavor insufficiently defined through multiple inconsistent characterizations; petitioner's actual employment plans contradicted stated endeavor, preventing assessment of national importance.

Restaurant company seeking to employ beneficiary to lead expansion across United States. Claimed expansion creates thousands of jobs in economically distressed areas and promotes cultural exchange. AAO held specific endeavor lacks national importance; job projections unsubstantiated; 19 jobs per location insufficient; market demand unproven.