Published AAO appeal decisions

Semiconductor operations project manager with advanced degree sought EB-2 NIW. AAO affirmed denial, finding proposed endeavor to innovate chip testing lacks demonstrated national importance. Professional experience and industry importance insufficient; no evidence of broader sectoral or economic impact.

Senior engineer in AI research seeking NIW under Dhanasar framework for continued research on safe, autonomous AI systems. Service center's denial lacked complete analysis of evidence, made contradictory statements, and failed to address all arguments. Remanded for proper application of all three Dhanasar prongs with complete evidentiary analysis.

An airplane pilot sought EB-2 national interest waiver for a proposed aviation training business in Florida. AAO dismissed the appeal, finding the petitioner failed to demonstrate national importance. The business plan lacked specifics on wages, worker numbers, location, and how the endeavor would have broader implications beyond the aviation industry.

Pharmacist and entrepreneur self-petitioner seeking NIW for pharmaceutical consulting firm in Florida. Claimed national importance through human capital development and healthcare competitiveness. AAO held endeavor lacks broader implications; applicant's expertise and qualifications misplaced in first prong analysis focused on specific endeavor.

Research scientist with master's degree in electrical and computer engineering proposed to advance privacy-preserving IoT technology. AAO found the endeavor had substantial merit and national importance but concluded petitioner lacks concrete steps toward employment or demonstrated feasibility, failing the second Dhanasar prong.

A nonprofit foundation sought EB-2 classification for a safety and health specialist based on advanced degree. The AAO affirmed denial because the foundation failed to demonstrate ability to pay the proffered wage from tax returns, and a co-executive director's personal commitment to fund the position was insufficient.

A computer scientist proposed developing machine learning algorithms for precision medicine and drug discovery. Although the AAO found the endeavor had substantial merit and national importance, it affirmed the service center's finding that the petitioner failed to demonstrate she was well positioned to advance the research, lacking comparable evidence to established precedent.

Entrepreneur and fitness trainer seeking EB-2 with national interest waiver to lead corporate wellness company optimizing employer fitness programs. AAO dismissed because proposed endeavor lacks national importance; business projections and HUBZone location do not demonstrate broader economic impact or field implications.

IT professional petitioner sought NIW for proposed cybersecurity consulting and training company. AAO affirmed SCOPS denial, finding petitioner failed Dhanasar first prong: national importance lacks evidentiary support. Twelve-employee projection, general industry talent shortage, and letters insufficient to show substantial prospective impact. Second and third prongs reserved.

A robotics educator seeks EB-2 classification to develop a STEM education model teaching applied robotics to vulnerable youth. AAO held the petitioner failed to meet exceptional ability requirements, satisfying only two of ten criteria, and did not reach the national interest waiver analysis.

A management and financial analyst sought an EB-2 national interest waiver for a business venture. The AAO dismissed her second motion to reopen and reconsider because she submitted no new facts or evidence, and her contentions reasserted already-rejected arguments without establishing legal or policy error in prior decisions.

Digital marketing consultant and entrepreneur seeks EB-2 national interest waiver for AI-based SME platform. Applicant claimed substantial merit and national importance; AAO found proposed endeavor had merit but lacked demonstrated national importance because evidence did not show significant employment potential, substantial economic impact, or broader industry implications beyond applicant's business.

A logistics entrepreneur sought EB-2 NIW classification. The AAO found he qualified as advanced degree professional but lacked evidence that his proposed logistics consulting company would generate substantial economic effects reaching national importance. The AAO dismissed his appeal without addressing remaining Dhanasar prongs.

Machine learning researcher with master's degree sought EB-2 NIW. AAO found substantial merit and national importance of research and that petitioner was well positioned to advance it, but dismissed appeal because urgency of national interest was not established and labor certification remained practicable.

Business and marketing professional seeking NIW as EB-2. Motions submitted articles on small business economic importance and job-creation multipliers. AAO held first prong failed because industry importance differs from specific endeavor importance; claimed job creation projections lack foundation and do not reach substantial positive economic effects.

Production engineering entrepreneur sought EB-2 NIW for digital marketing and mobile application consultancy. AAO dismissed third motion to reopen and reconsider, finding petitioner failed to establish EB-2 eligibility and national importance through repeated arguments without new evidence.

An advertising firm sought to employ a strategist under the EB-2 advanced degree category, not a national interest waiver. The job did not require an advanced degree. The firm asked on appeal to recategorize the petition as a professional filing, but the AAO declined because the request came too late, and also noted missing ability-to-pay evidence.

Advanced degree professional in human trafficking prevention seeking EB-2 national interest waiver. Petitioner established substantial merit but failed to demonstrate national importance of specific proposed endeavor. While human trafficking prevention is federally recognized as priority, petitioner's individual work lacks evidence of prospective national or global impact beyond immediate clients. Appeal dismissed.

An entrepreneur and business consultant seeking EB-2 with NIW to establish a global business strategy and financial advisory firm claimed alignment with national priorities and job creation potential. The AAO found insufficient evidence that the endeavor would have broader implications or national importance beyond its clients.

Soccer coach for academy seeks EB-2 with NIW. AAO found substantial merit but not national importance; work benefits specific employer and clients but lacks broader implications or substantial economic effects at regional or national level. Petitioner waived appeal on remaining prongs.

An accountant with an advanced degree sought EB-2 NIW for his accounting firm business. The AAO found the proposed endeavor lacked national importance; his business plan projections and claims of alignment with government economic initiatives did not show impact beyond his individual clients at a level constituting national importance.

Operational manager seeking NIW for small business consulting endeavor focused on sustainable economic growth. Claimed national importance through alignment with government priorities and job creation projections. AAO dismissed because specific endeavor lacks demonstrated national importance; general alignment with national objectives and unsupported employment projections insufficient.

Beverage company petitions for industrial engineer with advanced degree in quality systems management under EB-2 NIW. Engineer qualifies for underlying EB-2 classification. Proposed work on manufacturing methodologies lacks national importance; focus is company-specific without broader field implications. Appeal dismissed.

An entrepreneur sought EB-2 NIW to establish a sustainable tourism consulting firm for small and medium-sized tourism businesses. The AAO dismissed, finding the proposed endeavor has substantial merit but rejecting claims of national importance, noting the petitioner confused industry importance with endeavor-specific impact.

Data scientist with master's degree in computational science proposes NIW for research on ethical AI frameworks. SCOPS determined substantial merit existed but national importance not shown. AAO affirmed, finding insufficient evidence that proposed endeavor rises to national importance level; did not address remaining Dhanasar prongs.