Published AAO appeal decisions

A software engineer was the beneficiary of an EB-1A petition filed by an AI software company, which the service center denied for failing three of ten criteria. The AAO dismissed the appeal as moot because a separate immigrant petition was approved and the beneficiary became a permanent resident, so no criteria were decided.

A historian and rabbi in Jewish studies sought EB-1A extraordinary ability classification. AAO dismissed because the petitioner satisfied none of four claimed evidentiary criteria and failed to demonstrate sustained national or international acclaim or positioning among the very top of the field.

A veterinarian sought EB-1A extraordinary ability classification. She met three initial criteria: judging, scholarly articles, and leading critical role. However, the AAO dismissed her appeal because the totality of evidence did not demonstrate sustained national or international acclaim or that she ranked among the very top of her veterinary field.

Secondary school teacher seeking NIW as EB-2 advanced degree professional to implement STEM program. Qualified for EB-2 but failed first Dhanasar prong: program benefits constrained to participating schools and students; scalability and alignment with federal priorities insufficient for national importance. Appeal dismissed.

AI robotics entrepreneur claims EB-2 exceptional ability. Petitioner meets advanced degree criterion but fails to meet three of six exceptional ability criteria required for classification. Bachelor's degree in aeronautics not demonstrated to relate to robotics endeavor. Comparable evidence for remaining criteria insufficient. Categorical ineligibility established; NIW not reached.

A contemporary oil painter claimed seven criteria; service center found four met. AAO affirmed denial, concluding the petitioner's exhibitions lacked prestige evidence, judging was preliminary-level only, and achievements did not distinguish him from peers or demonstrate sustained acclaim or top-tier status.

Graduate research assistant in cybersecurity sought EB-2 with NIW for autonomous vehicle security research. AAO found substantial merit but dismissed because petitioner failed to establish national importance of specific proposed endeavor or demonstrate being well-positioned to advance it under Dhanasar framework.

Physician-researcher proposing cancer research claims national interest waiver. AAO found first prong met: research has national importance. However, second prong failed: evidence from references lacked specific examples of research impact or progress, and citation metrics did not adequately demonstrate exceptional success.

A drug addiction treatment center petitioned for an EB-2 national interest waiver for an IT operations manager beneficiary. The AAO affirmed denial, finding the proposed endeavor lacked national importance; recommendation letters focused on the beneficiary's individual qualifications and organizational impact only, not industry-wide or profession-wide benefit.

Plant scientist in agronomy seeks EB-1A classification. Petitioner claimed five criteria including judging and scholarly articles already found met by SCOPS. AAO held original contributions lacked evidence of major field significance and leading role unsupported, leaving only two criteria met when three required.

Supply chain consultant with advanced degree sought EB-2 classification and NIW. Petitioner claimed substantial merit and national importance of proposed supply chain consulting business. AAO agreed substantial merit established but found record did not demonstrate national importance; business impact limited to individual clients without broader economic or field-wide implications.

Aircraft maintenance technician sought EB-2 NIW classification. Petitioner claimed exceptional ability but lacked degree of expertise significantly above ordinary in the field. Proposed endeavor for aircraft repair facility and predictive maintenance technologies lacked evidence of national importance under Dhanasar framework; impact limited to local business.

Transportation inspector identified critical design flaw in helicopter system affecting 1000 worldwide units; seeks EB-2 NIW as technical consultant or instructor. AAO dismissed because petitioner failed to establish national importance by not clarifying proposed endeavor implementation, employment potential, or demonstrating how specific prospective work would have broader national implications.

Associate attorney holding advanced degree sought EB-2 NIW for continued practice in cross-border tax law and foreign investment facilitation. SCOPS granted advanced degree qualification but denied waiver. AAO affirmed: petitioner's field and experience are material to second prong but immaterial to first prong; specific endeavor lacks evidence of broader implications, job creation, or substantial economic effects constituting national importance. Appeal dismissed.

Entrepreneur with thirty-five years in mining sought EB-2 national interest waiver. The AAO dismissed, finding while substantial merit was established, the proposed mining services endeavor lacked national importance. Evidence showed intent to serve clients and expand geographically, but failed to demonstrate prospective impact sufficient to rise to national importance level.

Senior software engineer at AI-driven background check company appealed EB-1A denial. Service Center initially found three criteria met, then in denial found only one met, without adequate explanation. AAO remanded for fuller analysis of each criterion and potential final merits determination, citing insufficient notice and inadequate reasoning.

Civil engineer seeking EB-2 with national interest waiver claims he will develop hydrologic and hydraulic models to forecast flooding impacts. AAO held he did not establish national importance of the specific proposed endeavor, as it showed no control over projects or implications beyond his employer; not well-positioned to advance it; appeal dismissed.

Transportation engineer with PhD in civil engineering claims national interest waiver for EB-2 advanced degree category. Proposed work involves predicting traffic accidents and implementing solutions. AAO found endeavor has substantial merit but lacks sufficient evidence of national importance and prospective impact; importance of the industry alone does not establish national importance of the specific endeavor.

Art history professor and researcher claimed extraordinary ability under EB-1A. Met three initial criteria: published material, judging, and scholarly articles. AAO dismissed on final merits, finding insufficient evidence of sustained national or international acclaim or placement among the small percentage at the very top of the field.

AI algorithm developer sought EB-2 with national interest waiver for U.S. work. SCOPS found substantial merit and national importance but concluded insufficient evidence of qualification to advance endeavor and that waiver would benefit U.S. AAO remanded because petitioner's employment circumstances changed materially since filing; clarification needed on how endeavor will be pursued.

Industrial engineer with Ph.D. seeking EB-2 NIW for developing advanced three-dimensional AI chips. Qualified for underlying EB-2 but failed first Dhanasar prong: proposed endeavor lacks demonstrated substantial merit and national importance. AAO affirmed denial without reaching remaining prongs.

A mechanical engineer sought EB-2 NIW for advanced manufacturing systems. Between filing and appeal, he materially changed his proposed endeavor to intelligent road-signaling systems. AAO dismissed, holding petitioner failed to establish substantive nature of work he proposes and cannot remedy filing deficiencies with materially different evidence on appeal.

Mechanical engineer seeking EB-2 NIW for renewable energy research. AAO found proposed endeavor meets first prong: substantial merit and national importance in solar power advancement. However, petitioner not well positioned to advance it; published research lacks demonstrated industry impact and no continued research documented post-degree. Appeal dismissed.

Technology company petitioned for senior director in customer experience as EB-1A extraordinary ability. Employer established at least three evidentiary criteria, but AAO found limited, recent evidence does not demonstrate sustained acclaim or placement among small percentage at top of field; appeal dismissed.

Graphic designer seeks NIW classification. Proposed multiple inconsistent endeavors including consulting, training, nonprofit work, and design roles. AAO found petitioner shifted plans and failed to provide consistent, coherent, specific description supported by independent evidence. Appeal dismissed.