Published AAO appeal decisions

Industrial engineering doctoral student and researcher seeks NIW for EB-2 classification to continue research on graph neural networks for environmental monitoring and real-time video processing. AAO found endeavor nationally important but petitioner lacked PhD-level credentials, demonstrated record of success in the field, concrete plan, or progress toward the specific endeavor; appeal dismissed.

Environmental engineer and entrepreneur sought EB-2 NIW for forestry management and sustainable land consulting company. AAO dismissed because beneficiary failed to establish underlying EB-2 exceptional ability eligibility, meeting only two of six regulatory criteria and lacking requisite expertise level.

Ph.D. student in computer science pursuing generative AI research sought NIW under Dhanasar. AAO found proposed endeavor had substantial merit and national importance, but petitioner failed second prong: insufficient evidence of being well positioned to advance research through citations, progress, or field recognition.

Earthquake engineering researcher with advanced degree seeks NIW for research on soil-structure interactions in seismic design. First prong met; second prong failed because article citations and expert support lack evidence that research has advanced the field sufficiently to show petitioner well positioned to advance proposed endeavor.

SAP consultant self-petitioned for EB-2 NIW seeking to optimize enterprise solutions for small and medium enterprises. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance despite its substantial merit; consulting services to individual clients lack the broad prospective impact required.

A researcher and assistant professor sought NIW for EB-2 under Dhanasar. The AAO agreed the proposed endeavor had substantial merit and national importance but concluded the petitioner was not well-positioned to advance it, lacking demonstrated influence, institutional support, or feasible funding for research plans.

Senior security researcher seeks NIW for cybersecurity innovations. AAO dismissed finding proposed endeavor lacks national importance; work benefits only specific employers and clients without broader field or national security implications.

A postdoctoral researcher in public health sought NIW for work on drug-resistant diseases. The AAO found the endeavor nationally important but dismissed the appeal because the petitioner lacked a doctoral degree and had not demonstrated concrete plans, progress, or relevant funding to advance the work.

Nurse with advanced degree initially proposing primary care work in underserved Florida areas, later proposing occupational health consulting company. AAO held both endeavors lack national importance under Dhanasar; healthcare field importance alone insufficient for specific endeavor-level impact.

Engineer with 20 years water systems experience seeks NIW to expand his consulting company offering engineering services for water infrastructure. AAO dismissed appeal because proposed endeavor lacks national importance despite working in critical field; benefits do not extend beyond his company.

A fitness and wellness coordinator, formerly a professional soccer player, sought an EB-2 exceptional ability classification and a national interest waiver to run a children's health consulting and training company. The AAO withdrew the earlier exceptional ability finding because none of the claimed criteria were met, and reserved the Dhanasar prongs.

Materials engineer self-petitioner sought NIW for EB-2 advanced degree. AAO affirmed dismissal because petitioner failed to establish national importance of proposed solar industry corrosion management solution; industry-wide statistics do not prove specific endeavor impact. Petitioner also not shown well positioned to advance endeavor.

An advertising and marketing manager sought a national interest waiver for EB-2 classification. The AAO dismissed because her proposed work developing and marketing sustainable bee products lacked national importance, lacking evidence of national or global field implications or substantial economic effects beyond her employer.

An aerospace quality engineer sought NIW claiming his work on quality standards and mentoring would benefit the aviation industry. The AAO dismissed the appeal because he failed to establish that his specific proposed endeavor had national importance beyond typical occupational duties.

An electrical engineering consultant seeking a national interest waiver for EB-2 classification to enhance U.S. energy resilience through microgrid development. AAO affirmed denial, finding the proposed endeavor lacked national importance because impacts were limited to specific clients rather than demonstrating broad national effects.

Product engineer with MBA sought EB-2 national interest waiver for electric vehicle consulting business. AAO held proposed endeavor lacked national importance under Dhanasar; articles about EV industry and government policy did not establish petitioner's specific endeavor would sufficiently impact the market or economy. Appeal dismissed.

Self-petitioner, electrical engineer with Ph.D., seeks national interest waiver for EB-2 to develop computer-aided design tools for IC packaging design. Petitioner holds advanced STEM degree but failed to establish being well-positioned to advance proposed research; lacked specificity linking past work to endeavor and did not demonstrate field impact or funding generation comparable to precedent.

An economist with a PhD proposed research integrating multimodal data and cognitive engagement technologies to analyze healthcare decision-making, supported by NSF funding. The AAO dismissed the appeal because the petitioner failed to establish that the proposed endeavor would advance AI or human-machine interfaces to national importance.

Computer scientist with advanced degree sought EB-2 NIW for data warehouse and machine learning research. AAO held proposed research lacked sufficient detail and documentation to demonstrate national importance beyond employer; relied on petitioner's own statements without corroborating evidence.

A fraud data analyst with advanced degree sought EB-2 national interest waiver for work developing machine learning fraud detection models. She claimed the work addresses important fraud prevention and financial risk. The AAO dismissed, holding her employer-specific role lacks evidence of broader national implications, novel technologies for field-wide adoption, or prospective impact beyond her current position.

Software development entrepreneur seeking NIW for establishing company in United States. Claimed proposed endeavor has national importance through job creation and economic effects. AAO found endeavor lacks sufficient national importance; broad assertions about economic benefits insufficient. Appeal dismissed.

A self-petitioner sought an EB-2 classification with a national interest waiver, and the service center denied it. The AAO dismissed the appeal on procedural grounds, finding the signature on the appeal form was an image copied from other documents rather than an original handwritten signature. The merits of the waiver were not decided.

A computer engineer proposes privacy research in computing. AAO affirmed denial, holding proposed endeavor lacks qualitative contributions with national implications; merely adding incremental knowledge to field without demonstrating wide prospective impact fails Dhanasar national importance requirement.

Conflict resolution consultant with master's degree in global development and peace seeks NIW. AAO dismissed appeal because proposed endeavor, though with substantial merit, lacks sufficient evidence of broader field impact and qualitative significance required for national importance under Dhanasar.

Research associate with master's in mechanical engineering sought EB-2 NIW to continue carbon capture and sustainable aviation fuel research. First prong met. AAO affirmed second prong failure: education strong but lacks Ph.D., plan insufficient, no documented role in obtaining funding; appeal dismissed.