Published AAO appeal decisions

Computer scientist researching AI applications in healthcare sought EB-2 national interest waiver. Proposed work on multimodal AI systems addressing healthcare transparency. AAO found proposed endeavor had substantial merit and national importance with global implications, applicant well positioned via expertise and prior government-funded research, and waiver beneficial to U.S. on balance given national security and competitiveness implications.

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.

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.

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.

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.

An advanced degree professional proposes to own and operate an LLC providing corporate financial management services to businesses. The AAO dismissed because the proposed endeavor lacked national importance; it would impact only the LLC's clients, not the field broadly, and the petitioner did not establish broader implications beyond her business.

An agro-industrial engineer self-petitioned for EB-2 classification with a national interest waiver. The AAO found him qualified as an advanced degree professional but denied the waiver. His consulting services to agricultural and manufacturing SMEs lacked the national or global implications necessary to demonstrate national importance under Dhanasar.

Cloud software developer with master's degree in computer engineering seeking EB-2 advanced degree professional status with national interest waiver for machine learning research. AAO reversed service center on first prong but dismissed appeal because petitioner lacks sufficient track record and advancement capability beyond educational credentials alone.

Mining engineer and entrepreneur sought EB-2 with national interest waiver for planning and project engineering in construction and mining. AAO affirmed service center denial, finding petitioner established substantial merit but not national importance of proposed endeavor under Dhanasar framework.

Industrial engineer proposing retail loss prevention and supply chain management business seeking EB-2 NIW. AAO withdrew SCOPS determination on substantial merit, accepting it. However, petitioner failed to demonstrate national importance; employment projections and revenue forecasts insufficient to establish significant employment or economic impact regionally or nationally beyond specific clients.

A registered nurse sought EB-2 NIW classification for an in-home healthcare business. The AAO found she lacked five years post-degree experience for advanced degree classification and failed the national importance prong: her endeavor, though meritorious, would only serve individual patients without broader field impact. The AAO dismissed the appeal.

An early childhood educator and behavioral counselor with master's degree sought EB-2 national interest waiver for consulting business training educators in underserved communities. The AAO dismissed, holding that the proposed endeavor lacks national importance; working in an important field, addressing labor shortages, or providing regional services does not establish prospective impact at a national level.

A lawyer and legal entrepreneur in self-petitioner status sought EB-2 with NIW. The applicant claimed substantial merit and national importance for a legal practice advising startups and cybersecurity. The AAO dismissed the appeal because the petitioner failed to demonstrate national importance: the business plan lacked specificity about economic impact, job creation, or projected benefits; merely working in an important field is insufficient.

Security engineer with advanced degree claimed national interest waiver for proposed cloud security research. AAO upheld denial, finding the specific endeavor lacked demonstrated national importance and presented material changes to initial proposal without clear prospective impact beyond the employer.

Sales division manager and technical advisor sought EB-2 classification with national interest waiver under Dhanasar framework. AAO issued notice of intent to dismiss and instructed response within thirty-three days. Petitioner failed to respond within required timeframe; appeal dismissed as abandoned.

A mechanical engineer with a Ph.D. sought an NIW to pursue advanced manufacturing research for healthcare devices. The AAO found the proposed endeavor has substantial merit and national importance but concluded the petitioner did not demonstrate being well positioned to advance it, as education and publication citations alone do not show sufficient record of success.

Biomedical scientist with Ph.D. sought NIW for postdoctoral research on nanomembranes for cancer treatment. AAO found substantial merit and national importance but dismissed appeal because petitioner failed to demonstrate she was well-positioned to advance the endeavor through lack of sustained funding, clear research plan, or stakeholder interest.

A systems engineer sought EB-2 national interest waiver for a proposed business providing supply chain management consulting to industrial and commercial companies. The AAO dismissed the appeal, finding the petitioner established exceptional ability but failed to demonstrate national importance of the specific business endeavor despite showing industry importance.

A prospective management consultant seeks EB-2 national interest waiver to establish a small consultancy for businesses. The AAO affirmed denial because the proposed venture, though economically sound locally, lacks national importance; it does not demonstrate impact beyond the immediate community or region required for a waiver.

Software developer with advanced degree sought national interest waiver. AAO dismissed appeal, finding proposed software development lacked national importance; generalized publications about cybersecurity importance, vague hiring projections, and absence of documented specific endeavor impact insufficient.

Logistics management consultant sought EB-2 exceptional ability and NIW. AAO affirmed that petitioner failed to satisfy required exceptional ability criteria: academic record not related to field, insufficient salary evidence, only 8 years 8 months experience not 10 years required, and no professional license. Ineligible for underlying classification; NIW prongs not reached.

A solar energy entrepreneur with business degree and twelve years in renewable energy seeks NIW of job requirement. Service center denied underlying EB-2 classification without adequate explanation or RFE. AAO remanded for proper evaluation of whether advanced degree professional status and NIW eligibility were satisfied, finding denial insufficiently reasoned.

Tax auditor seeking NIW for EB-2 exceptional ability classification claimed multiple criteria. AAO dismissed, finding petitioner met only academic record and experience criteria but failed to satisfy exceptional ability threshold; waiver analysis not reached due to underlying ineligibility.