Published AAO appeal decisions

Clinical laboratory scientist proposes AI forecasting models to address blood-bank shortages. AAO held endeavor has national importance but petitioner not well positioned to advance it: lacks demonstrated AI capabilities, formal machine learning education, and progress evidence despite prior statistics coursework and media attention.

Project engineer seeks national interest waiver for EB-2 classification. Business plan proposed personalized training in project engineering with claims of reducing reliance on foreign contractors. AAO found endeavor substantially meritorious but lacked national importance because benefits were specific to employer rather than having broader implications for the field.

Business management consultant with advanced degree seeks NIW. Petitioner claimed proposed management consulting services support federal priorities and address industry shortage. AAO held proposed endeavor lacks sufficient evidence of national importance, broader field implications, or substantial economic effects required under Dhanasar first prong.

An investment advisor seeks EB-2 NIW as advanced degree professional with national interest waiver. SCOPS found her qualified for underlying EB-2 but denied waiver. AAO affirmed, finding her proposed endeavor lacks national importance because working as investment trust manager would not impact her field broadly or generate substantial positive economic effects.

Entrepreneur in infection prevention and healthcare sought EB-2 NIW for healthcare consulting company. AAO held proposed endeavor lacked national importance under Dhanasar because beneficiary demonstrated neither that innovations differed from existing approaches nor that projections would generate substantial regional or national economic benefits.

Senior hardware engineer at semiconductor company seeks EB-2 NIW with advanced degree. Petitioner conceded substantial merit but AAO rejected national importance, finding evidence conflated field importance with specific endeavor impact. No demonstration of innovations extending beyond employer or broader industry impact.

Airline pilot and engineer seeks NIW for EB-2 to establish aviation safety training company in HUBZone. AAO dismissed appeal, finding endeavor has substantial merit but lacks national importance; speculative training program lacks broad implications beyond proposed company clientele.

A solar power engineer and entrepreneur sought NIW to establish a company providing solar-integrated electric vehicle charging stations. AAO dismissed because the applicant failed to demonstrate national importance; supporting opinion letters lacked substantive analysis and no evidence showed significant potential for U.S. job creation or regional economic impact.

Staff R&D engineer seeking NIW as EB-2 advanced degree professional. Qualified for EB-2 but failed first Dhanasar prong: proposed research projects lack sufficient evidence of national or global impact or broader field implications. Benefits narrowly confined to specific employer. Appeal dismissed.

Marine engineer and FSRU vessel manager sought NIW under Dhanasar framework. Despite EB-2 qualification, petitioner failed to establish national importance of specific endeavor in shipbuilding and energy security. References to federal programs insufficient without demonstrating direct involvement. Appeal dismissed.

A computer science researcher with a master's degree in computer science sought EB-2 NIW classification. Although qualified as an advanced degree professional, the AAO found his proposed endeavor in artificial intelligence and large language models lacked demonstrated national importance beyond his employer.

Finance specialist in power generation seeks NIW for EB-2 classification to advance M&A endeavor channeling capital into power and battery storage projects. AAO affirmed EB-2 eligibility but rejected NIW because petitioner failed to demonstrate her specific proposed endeavor has national importance; industry-wide evidence insufficient without showing individual impact.

A management scientist sought EB-2 classification with a national interest waiver for research-based endeavors in inclusive leadership and workforce adaptability. The AAO dismissed because the petitioner failed to demonstrate substantial merit and national importance of the specific proposed endeavor under Dhanasar's first prong.

An entrepreneur with advanced degree claims NIW for supply chain logistics consultancy. AAO reversed service center's EB-2 denial on advanced degree grounds but affirmed NIW denial, finding specific endeavor lacks national importance; work for prospective clients lacks regional or national impact.

Logistician and entrepreneur sought EB-2 NIW to establish domestic trucking logistics business. AAO dismissed appeal, holding proposed endeavor lacked national importance despite substantial merit; job projections lacked corroboration and scope insufficient for broader industry impact.

An engineer in renewable energy with master's degree in sustainable energy sought NIW for solar energy systems design. AAO affirmed denial, finding petitioner failed to demonstrate national importance of the proposed endeavor, which lacked sufficient prospective impact on the field or broader economy.

A finance professional self-petitioned for EB-2 NIW as anti-money laundering compliance specialist. The AAO dismissed the appeal, finding her proposed endeavor lacks sufficient national importance despite alignment with federal priorities.

Project engineer seeking EB-2 NIW for advanced simulation software development in mechanical engineering. AAO found proposed endeavor has substantial merit but lacks national importance; impact on field insufficient and not extending beyond employer to justify waiver. Appeal dismissed.

A consultant sought an NIW to operate a consultancy company for small and medium-sized enterprises. Although the AAO found substantial merit and the petitioner well positioned, the endeavor lacked national importance; consulting services for regional businesses did not demonstrate prospective impact of national significance.

PhD holder in AI and infrastructure management, founder of startup, sought EB-2 NIW. Proposed endeavor: lead AI and infrastructure research and consulting. USCIS found substantial merit but insufficient evidence of national importance. AAO affirmed: endeavor lacks specificity, funding details, and demonstrated broader impact; appeal dismissed.

Computer software engineer proposing manufacturing software company claiming STEM field status and broader implications for intelligent manufacturing. AAO held proposed endeavor fails national importance: business plan lacks credible location and employment data, financial projections unsubstantiated, no demonstrated broader implications beyond general industry importance.

Engineering graduate student self-petitioner sought NIW for AI research using linguistics and game theory. AAO dismissed appeal, finding proposed endeavor lacked specific details and documented prospective impact required to establish national importance under Dhanasar first prong.

Data scientist self-petitioner sought EB-2 NIW based on advanced degree and proposed research in anomaly detection. AAO affirmed denial, holding petitioner did not establish national importance under first Dhanasar prong; research projects lacked specificity and documentation showing broader field or industry impact. Second and third prongs not addressed.

A pilot with advanced degree sought EB-2 national interest waiver for employment in pilot training and aviation. AAO affirmed denial, finding his proposed endeavor lacked national importance; being in an important industry or STEM field is insufficient without demonstrating the specific endeavor's broader prospective impact.

Registered professional engineer with MBA and metallurgical engineering degree seeks EB-2 national interest waiver in energy sector. Petitioner claimed endeavor advancing sustainable energy and strategic planning serves national interests. AAO held first Dhanasar prong unmet: proposed endeavor inadequately described, too vague; expertise above-average insufficient; general field importance does not establish specific endeavor's national importance.