Published AAO appeal decisions

An aviation pilot and entrepreneur sought NIW to develop flight planning software for general aviation. The AAO dismissed the appeal, finding insufficient evidence of national importance; the proposed endeavor's benefits appeared limited to the petitioner's startup without demonstrating broader impacts on the aviation industry or economy.

Business owner sought NIW to produce non-GMO fruit preserves. Qualified for underlying EB-2 advanced degree classification. AAO dismissed appeal because petitioner failed to demonstrate endeavor has national importance independent of alignment with governmental agricultural priorities; small local operation with fifteen projected employees lacked demonstrable broader economic or industry impact.

A computer scientist with a Ph.D. in computer science seeks EB-2 with NIW. The AAO dismissed the appeal, finding she misunderstood national importance requirements and failed to show her proposed endeavor would impact the field broadly. Routine or incremental contributions without broader implications do not satisfy the Dhanasar standard.

Cybersecurity professional with master's degree sought EB-2 NIW for developing post-quantum cryptography toolkits for small and medium institutions. AAO found endeavor lacked demonstrated national importance: proposed work and supporting evidence did not establish prospective impact, funding plan, timeline, or scale of utilization commensurate with national benefit.

A drilling engineer with an advanced degree sought an EB-2 national interest waiver for a predictive maintenance project. The AAO found the endeavor has substantial merit but lacks demonstrated national importance beyond the employer and immediate business partners, failing the first Dhanasar prong. The appeal was dismissed without reaching the second and third prongs.

A manufacturing engineer with an advanced degree sought an NIW for semiconductor work. The AAO dismissed the appeal, finding the petitioner established substantial merit but failed to demonstrate national importance of the specific proposed endeavor beyond his employer's contributions.

A banking executive with a master's degree in monetary banking and three decades in finance proposed to develop a fintech platform providing replicable credit infrastructure to small and medium-sized enterprises. The AAO dismissed the appeal, finding the endeavor addresses nationwide problems but lacks demonstrated field-wide impact required for national importance.

Lawyer and entrepreneur sought EB-2 NIW to establish firm facilitating Brazilian-U.S. business connections. AAO held proposed endeavor lacked national importance under Dhanasar's first prong because beneficiary showed insufficient broader field impact and inadequate projections demonstrating substantial economic benefits.

A systems engineer sought an NIW but failed to demonstrate national importance for his endeavor. The AAO found his business plans and impact claims too general and localized; assertions about secondary ripple effects and industry alignment did not satisfy Dhanasar's requirement for substantial positive economic effects or broad field advancement.

A hospital petitions for an EB-2 national interest waiver for a clinical social worker specializing in pediatric care for marginalized populations. AAO held the record lacks objective evidence of the proposed endeavor's specific impacts and broader implications necessary to demonstrate national importance under Dhanasar.

A data analyst and signal processing engineer with a master's degree sought an EB-2 NIW based on work with digital systems. The AAO dismissed because the petitioner failed to demonstrate the national importance of his specific endeavor and that he was well-positioned to advance it, lacking sufficient employer and objective source documentation.

A specialist in digital transformation and cybersecurity seeks EB-2 advanced degree classification and NIW. Service center found substantial merit and that petitioner was well-positioned to advance the endeavor but rejected it for lack of national importance. AAO affirmed dismissal, finding the specific proposed endeavor lacked demonstrated national importance despite field importance.

Bioengineer in precision medicine and drug discovery met first Dhanasar prong with substantial merit and national importance. However, lacked PhD and did not demonstrate sufficient progress, plan, or stakeholder interest required for second prong. Appeal dismissed.

A designer of mathematical education programs with EB-2 advanced degree sought NIW. AAO affirmed denial, finding the proposed endeavor had substantial merit but petitioner failed to demonstrate significant potential to employ U.S. workers or generate substantial economic benefits required for national importance.

A senior manager of pavements with advanced degree sought national interest waiver for sustainable pavement engineering research. The AAO found the proposed endeavor had substantial merit and national importance but dismissed the appeal because the petitioner failed to demonstrate being well positioned to advance the research through education, skills, and record of success.

A mechanical engineer and project manager with an advanced degree proposed continuing infrastructure work in energy and oil-gas sectors. The AAO found substantial merit but rejected national importance because his work would not extend beyond clients with broader implications, and he made impermissible material changes to his endeavor.

Petitioner is a cybersecurity professional proposing to advance Internet of Things security in critical infrastructure. The AAO dismissed the appeal finding substantial merit but lacking national importance; petitioner's skills and client-focused work do not demonstrate broader implications rising to national importance level required.

Applicant with political science and public administration degree seeking NIW for supply chain management in oil and gas. AAO dismissed appeal on two independent grounds: educational training not tied to proposed endeavor and advanced degree requirement not established; additionally, Form I-290B and Form G-28 lacked valid original signatures.

Advanced degree professional proposed financial workflow optimization for small and medium enterprises. AAO dismissed appeal because proposed endeavor lacked national importance; evidence of industry importance insufficient to establish specific endeavor's national significance under Dhanasar framework.

Entrepreneur in agricultural technology with advanced degree sought EB-2 with national interest waiver for platform-based operational model. AAO dismissed appeal, finding endeavor lacks national importance because petitioner did not demonstrate impact beyond business and future clients to the field more broadly.

Senior sourcing specialist sought national interest waiver as EB-2 advancing supply chain resilience and national security. Petitioner relied on field importance and federal priorities alignment. AAO dismissed appeal, finding proposed endeavor lacked demonstrated national importance and insufficient evidence of well-positioning to advance it.

An information security analyst holding a master's in cybersecurity operations sought EB-2 national interest waiver for a cybersecurity consulting firm. The AAO found the applicant demonstrated substantial merit but lacked evidence of the specific endeavor's national importance. General industry importance and alignment with federal priorities were insufficient.

A postdoctoral researcher in stress biology sought EB-2 with national interest waiver for neutrophil-targeted therapy research. The AAO found the endeavor has substantial merit and national importance, but the petitioner did not demonstrate he is well-positioned to advance it, failing the second Dhanasar prong.

A controls engineer sought NIW for EB-2 under Dhanasar to advance Industry 4.0 manufacturing modernization. The AAO found him not well-positioned to advance the endeavor, lacking Ph.D. credentials, demonstrated influence in the field, and evidence of interest from relevant parties beyond his employer.

Skincare specialist seeking EB-2 NIW for personalized skincare business addressing dermatology, aesthetics, and mental health integration. AAO found petitioner failed to establish underlying EB-2 eligibility and did not satisfy first Dhanasar prong: proposed business lacks demonstrated national importance. Appeal dismissed.