Published AAO appeal decisions

Software development manager sought EB-2 with NIW. Service center denied for failure to establish advanced degree eligibility, precluding NIW analysis. AAO found service center decision inadequately reasoned; remanded for full review of threshold EB-2 qualification and subsequent NIW determination.

Electrical engineer with doctoral degree proposes power grid research on renewable energy integration. AAO found substantial merit and national importance met, but rejected well-positioned prong due to insufficient evidence of research success and impact, and rejected balance prong as contributions do not outweigh labor certification benefits.

A systems engineering specialist and IT entrepreneur sought NIW classification for a software solutions consultancy firm. The AAO remanded because the service center misidentified the endeavor as language education, failed to analyze evidence regarding national importance, and provided insufficient explanation of its findings, preventing meaningful appellate review.

Employer-sponsored semiconductor engineer with master's degree seeks EB-2 national interest waiver for system-level test development work. Claimed endeavor has national importance due to semiconductor industry value and testing standard implications. AAO found importance of field insufficient; specific proposed endeavor lacks demonstrated broader prospective impact.

Software developer seeks NIW for EB-2 to develop universal AI architecture addressing bias in algorithms. AAO dismissed appeal, holding the specific proposed endeavor lacks national importance despite alignment with important AI field; merely working in an important industry insufficient.

Graduate student in epidemiology sought EB-2 with national interest waiver for research on cancer and aging-related diseases. AAO found the proposed research endeavor had national importance but dismissed the appeal because the petitioner, as a student without principal investigator experience or concrete evidence of pursuing postdoctoral employment, was not well-positioned to advance it.

Aging services manager with recent advanced degree seeks EB-2 NIW to advance elder care nationally. AAO dismissed because petitioner failed to establish that proposed endeavor has national importance or that she is well-positioned to advance it; lacks innovation evidence, customer interest, or realized progress.

An electrical engineer with a foreign Master's degree sought EB-2 classification with national interest waiver. The AAO dismissed the appeal, finding the proposed research endeavor lacks the national or global implications required to establish national importance, and the petitioner is not well-positioned to advance it.

Machine learning engineer sought EB-2 with NIW for AI-driven smart vehicle manufacturing research. AAO dismissed because petitioner failed to demonstrate national importance of the specific proposed endeavor, conflating field importance with endeavor-specific impact under Dhanasar's first prong.

Asset management managing partner sought EB-1A extraordinary ability. The AAO found he met three initial criteria but dismissed the motion to reconsider because the totality of evidence did not show sustained national or international acclaim or that he is among the very top of the field.

An accountant with advanced degree sought NIW under EB-2. Service center analyzed wrong proposed endeavor (electrical engineering instead of financial consulting). AAO remanded because the denial did not address the petitioner's actual endeavor, noting the accountant's proposed financial consulting work likely does not meet Dhanasar's three prongs.

Sociologist with PhD focused on women and policy in Bangladesh sought EB-1A extraordinary ability. AAO found she met only two of ten criteria and lacked the sustained national or international acclaim required for the small percentage at the very top of her field.

Financial manager sought EB-1A extraordinary ability classification. Claimed five criteria; SCOPS found only published material met, but AAO reversed that finding. AAO concluded petitioner satisfied no criteria and lacked the sustained national or international acclaim required for this highly restrictive classification.

Senior data analyst seeks NIW for EB-2 classification to develop machine learning models for diabetes risk prediction. AAO dismissed appeal, finding petitioner failed to demonstrate national importance of proposed endeavor and insufficient evidence of being well positioned to advance it despite holding master degrees and modest publication record.

An entrepreneur in language education and cultural immersion training sought an EB-2 NIW. The AAO agreed the endeavor had merit but found it lacked the specific detail, evidence, and prospective impact necessary to establish national importance under Dhanasar's first prong, which is dispositive.

Computer science researcher with master's degree in statistics seeks EB-2 national interest waiver for AI-driven medical imaging and prediction models development. SCOPS improperly evaluated first prong by conflating proposed endeavor with petitioner's employment history and applying second-prong factors. AAO remanded for reconsideration of whether specific endeavor has prospective national importance.

A graduate student in biomedical engineering seeks NIW for research on photoacoustic imaging in clinical settings. The AAO found the endeavor has substantial merit and national importance but dismissed because the petitioner did not demonstrate she is well-positioned to advance it, lacking a Ph.D., documented employment, or evidence of progress or investor interest.

Automotive design engineer seeking extraordinary ability classification met only two of ten evidentiary criteria. Appeal dismissed because petitioner failed to provide brief or additional evidence and did not meet the three-criterion threshold required for EB-1A eligibility.

Computer scientist with master's degree in engineering proposed advancing AI research in deep learning for data analysis and virtual assistants. AAO found endeavor has substantial merit and national importance but petitioner is not well positioned to advance it due to insufficient record of success and impact. Appeal dismissed on second prong failure.

Medical director and research scientist petitioner sought EB-1A extraordinary ability classification. She met three evidentiary criteria through judging, scholarly articles, and high salary, but the AAO held she failed to establish sustained national or international acclaim or position among the small percentage at the very top of her field.

An artificial intelligence researcher sought EB-2 with national interest waiver without labor certification. The AAO affirmed the service center's finding that the proposed research endeavor lacked the substantial merit and national importance required under Dhanasar's first prong, dismissing the appeal.

Computer scientist employed as engineering associate proposed developing proprietary software for AI safety and trust. AAO affirmed denial because proposed work lacked national importance, benefiting only the specific employer despite national footprint, even though petitioner was well positioned.

Attorney specializing in intellectual property and cybercrime seeking EB-2 NIW proposed consulting business with claimed job creation and tax benefits. AAO dismissed, finding endeavor lacks sufficient national importance and evidence does not demonstrate broader impact on field beyond specific business and clients.