Published AAO appeal decisions

Lawyer seeks NIW for EB-2 classification to establish immigration law firm providing legal services to immigrants. AAO found proposed endeavor lacked national importance; petitioner did not demonstrate how services would differ from existing firms or impact field broadly; appeal dismissed.

An attorney sought EB-2 NIW classification for fire safety compliance work. SCOPS initially approved but revoked, finding no national importance. AAO affirmed dismissal, holding that working in an important field alone is insufficient; petitioner must show proposed endeavor's prospective impact reaches national importance level.

Research scientist sought EB-2 with national interest waiver for developing artificial intelligence technologies. Decision found proposed endeavor lacks sufficient detail and evidence to establish prospective national importance. Appeal dismissed on first prong failure.

International legal advisor in business consulting seeks EB-2 national interest waiver. Petitioner claimed endeavor had national importance through ecosystem strengthening and cross-border business benefits. AAO held first Dhanasar prong unmet: proposed endeavor lacks documented national importance; cited evidence addresses general field trends, not specific endeavor impact; insufficient proof of substantial economic benefits.

AI researcher seeking EB-2 with national interest waiver claimed substantial merit, national importance, positioning to advance, and balance favoring waiver under Dhanasar. AAO found first prong met but rejected second and third prongs: petitioner lacks completed degree, secured funding, or concrete employment plans; waiver not shown beneficial to United States.

A cybersecurity specialist seeks NIW as an EB-2 advanced degree professional. The AAO dismissed because the petitioner did not possess an advanced degree at filing and the proposed endeavor—personal career advancement—lacks the national importance required under the first Dhanasar prong.

Senior cloud security architect petitioned for EB-2 NIW by technology company. Petitioner claimed research on AI-driven cybersecurity architectures. AAO found substantial merit but insufficient specificity and no demonstrated national importance beyond employer and clients. Appeal dismissed.

A senior software engineer in automotive manufacturing sought NIW. Employer claimed the beneficiary's work on connected, efficient vehicles serves national interests. AAO found industry and STEM importance insufficient; specific prospective impact of individual's role was not demonstrated.

Regional logistics manager employed by yard management services provider sought national interest waiver. AAO affirmed denial, finding broad claims about strategic leadership and industry impact insufficient; specific endeavor showed no prospective national economic benefit or U.S. job creation.

A salsa dancer, choreographer, and instructor self-petitioned for EB-1A extraordinary ability. The AAO dismissed motions to reopen and reconsider, finding she met three criteria but failed final merits determination showing sustained acclaim at the very top of her field.

A geologist sought EB-2 exceptional ability classification with a national interest waiver. After an earlier appeal and several motions were dismissed, the petitioner filed a combined motion to reopen and reconsider. The AAO dismissed both: the delay in the prior late motion was not shown reasonable or beyond his control, and no legal error was identified.

Agricultural scientist seeking EB-2 national interest waiver for climate-resilient farming research. AAO found proposed endeavor met substantial merit and national importance prong but applicant failed second prong: master's degrees and publication record insufficient to establish she is well positioned to advance the endeavor. Third prong not addressed due to failure on second prong.

An electrical engineering Ph.D. candidate sought EB-2 national interest waiver for research on power electronics for renewable energy. The AAO dismissed the appeal, finding the endeavor had substantial merit and national importance but the petitioner failed to demonstrate she was well positioned to advance it via her research record and impact.

Business management professional self-petitioner seeks EB-1A extraordinary ability classification. Met three initial criteria but AAO found no sustained national or international acclaim, with internal awards only from 2007-2009, failing final merits determination.

A self-petitioner seeking extraordinary ability classification had the petition denied, then lost an appeal and five motions. This sixth combined motion to reopen and reconsider was dismissed. The AAO found no new facts, no legal or policy error, and no basis to excuse the earlier untimely filing, which was within the petitioner's control.

A machine learning research scientist sought EB-2 with national interest waiver. The AAO found him qualified as an advanced degree holder with substantial merit work, but dismissed the appeal because his specific proposed endeavor lacked proven national importance despite citations and research funding.

A medical scientist sought EB-2 classification with national interest waiver for a biomedical research and clinical diagnostics endeavor. The AAO affirmed dismissal, holding the petitioner failed to demonstrate national importance under Dhanasar's first prong, showing only individualized benefits to clients and employees rather than broader field or regional impact.

Business development manager in pharmaceutical sector seeks EB-2 NIW. SCOPS found petitioner qualified for EB-2 and met second Dhanasar prong. AAO held first prong unmet because petitioner conflated general field importance with specific endeavor's national importance; no prospective impact directly attributable to petitioner's work.

Business consultant and executive self-petitioner claimed three EB-1A criteria. AAO dismissed motion to reopen because evidence was either available during original RFE or postdated the petition filing, violating the requirement to establish eligibility at time of petition.

Logistics manager seeking NIW for EB-2 classification to establish startup consulting and software company in Florida. AAO affirmed SCOPS denial, finding proposed endeavor lacked national importance because impacts remained localized to company clients without establishing broader industry implications or substantiated economic effects.

A singer sought EB-1A extraordinary ability classification. After denial and a summary dismissal of the appeal, the petitioner filed a motion to reopen. The AAO dismissed the motion as untimely, since it was filed 105 days after the decision and the delay was not shown to be reasonable or beyond his control.

An entrepreneur with advanced degree operating a trucking and financial consulting business sought a national interest waiver under the Dhanasar framework. The AAO affirmed denial because the proposed endeavor failed the first prong: while having substantial merit, the petitioner did not establish national importance, as business impact did not extend beyond immediate clients.

A visual artist sought EB-1A classification. The AAO dismissed a second motion to reopen and reconsider because petitioner did not provide new facts with documentary support and did not establish that prior legal rulings misapplied law or policy; record satisfies only two criteria.

Artificial intelligence researcher with PhD seeks EB-2 national interest waiver. Claimed research endeavor has national importance based on field relevance, citations, and executive order support. AAO found endeavor lacks demonstrated national importance; articles and support letters insufficient to show broader prospective impact on the field itself.