Published AAO appeal decisions

A software engineer and researcher sought an EB-2 national interest waiver to continue research on molecular materials for water treatment and clean energy storage. The AAO accepted the endeavor's merit and national importance but dismissed the appeal, finding he was not well positioned to advance it despite his doctorate and publications.

Historical architect sought EB-2 with NIW. After initial denial and multiple unsuccessful motions, the AAO dismissed a final motion to reopen because the petitioner failed to demonstrate that filing delays were reasonable and beyond her control, and did not submit new facts supporting reconsideration.

An ESL teacher sought EB-2 NIW classification. The AAO dismissed a third motion to reconsider, finding the petitioner reargued previously rejected arguments without establishing error in law or policy. The underlying denial stood because the petitioner failed to demonstrate national importance of his proposed endeavor.

An IT project manager with advanced degree claims NIW to establish healthcare consulting company. AAO dismissed appeal, finding although underlying EB-2 eligibility established, proposed endeavor lacks national importance; job creation projections insufficient without evidence of regional or national economic impact.

A business administrator with advanced degree seeks EB-2 NIW classification. Petitioner established substantial merit but failed to demonstrate national importance of proposed consulting endeavor. Work would benefit direct clients only without broader industry impact. Appeal dismissed under first Dhanasar prong.

A petitioner claiming exceptional ability for an EB-2 national interest waiver filed successive motions to reopen and reconsider after initial denials. The AAO dismissed the second motion, finding the petitioner had been given notice of required evidence and a reasonable opportunity to submit it, and that no new facts or legal errors warranted reconsideration.

A bakery and pastry chef sought EB-2 national interest waiver. The AAO dismissed, finding the proposed bakery operation lacked national importance required under Dhanasar. The endeavor would benefit only direct customers without broader implications or significant employment impact on a national level.

Researcher in hydrometeorology and AI-driven precipitation forecasting with Master's degree sought NIW. AAO dismissed appeal because petitioner failed to establish national importance; work as model tester on NASA-funded projects lacked broader field impact and showed no role as principal investigator or named funding recipient.

An accountant sought EB-2 NIW. A second motion to reopen and reconsider was dismissed. New evidence established she met the EB-2 advanced degree requirement, overcoming one ground, but she failed to present new facts establishing NIW eligibility under Dhanasar.

A thermal energy researcher with an advanced degree in physics seeks an NIW for research on high thermal conductivity semiconductors. The petitioner demonstrated substantial merit through peer-reviewed publications with high citations, government research funding, and expert support. The AAO found all three Dhanasar prongs satisfied and sustained the appeal.

A self-petitioning professional with an advanced degree sought a national interest waiver. After earlier denial and several dismissed appeals and motions, a fourth combined motion to reopen and reconsider claimed ineffective assistance of prior counsel. The AAO dismissed it because no prejudice or substantial compliance with the required procedure was shown, and the arguments were repeated.

A public health informatics fellow sought EB-2 NIW classification for self-petitioned waiver. The applicant held an advanced degree but failed to demonstrate national importance of the specific proposed endeavor in the Dhanasar first prong. The appeal was dismissed without addressing other prongs.

Childcare education professional seeking EB-2 exceptional ability with national interest waiver. Met all six initial evidence criteria but failed final merits determination showing expertise significantly above ordinary in field. Appeal dismissed without reaching NIW prongs.

Financial analyst, accountant and auditor with advanced degree sought EB-2 national interest waiver. The AAO dismissed the appeal because her proposed financial services endeavor lacked demonstrated national importance under Dhanasar framework, showing no substantial economic impact or national implications.

Aircraft mechanic seeking EB-2 NIW claimed training programs and maintenance improvements would address aviation mechanic shortage with national importance. AAO dismissed, finding proposed endeavor lacks sufficient national importance and would not impact field broadly beyond individual trainees or employers.

A petitioner in cybersecurity and IT governance filed a motion to reopen a dismissed NIW petition. The AAO dismissed the motion, finding the new executive orders and strategic documents did not establish new facts warranting reconsideration, as they did not address errors in prior dismissals or demonstrate changed circumstances.

A staff product manager with advanced degree sought NIW for privacy-centric advertising work. AAO dismissed because the petitioner failed to establish that her specific endeavor had national importance beyond her employer's operations, lacking evidence of industry adoption, technology transfer, or broader societal or economic impact.

A barber and entrepreneur sought EB-2 NIW to establish a barbershop and school. The AAO dismissed a third motion to reopen and reconsider, finding the petitioner failed to demonstrate national importance of the endeavor and did not meet criteria for exceptional ability; new industry articles about barber shops did not specifically address this applicant's particular proposed endeavor.

A computer scientist developing driver monitoring technology sought EB-2 classification with a national interest waiver. The AAO dismissed the appeal, finding the proposed endeavor, though meritorious, lacks national importance because the record does not establish broader prospective impact beyond the employer or adoption by other manufacturers.

A fitness and health professional with advanced degree seeks EB-2 classification with national interest waiver. Petitioner proposed fitness training endeavor. Service center and AAO found no national importance because business plan lacked specificity and independent evidence, and proposed work would impact only clients, not the industry broadly.

Aviation consultant seeks EB-2 with national interest waiver. Claimed proposed company would provide economic revitalization, employment, and advance aviation safety. AAO held endeavor lacks national importance: limited employment potential, no evidence of industry-wide impact, and unsubstantiated claims about safety and sustainability.

Mechanical engineer with advanced degree sought EB-2 with national interest waiver for semiconductor manufacturing advancement. Service center denied without adequate explanation of Dhanasar prongs analysis. AAO remanded for new decision because service center failed to explain rationale and adequately address petitioner's proposed endeavor rather than employment position.

Technology entrepreneur with advanced degree seeks NIW for AI-driven cognitive decision support tools for aerospace and aviation. AAO withdrew director's finding on national importance prong, agreeing technology aligns with government priorities. However, petitioner failed to demonstrate record of success as executive or sufficient qualification to lead endeavor as CEO/CTO.

Engineer seeking NIW for electrical engineering consulting startup. Petitioner claimed endeavor had national importance for energy systems and sustainability. AAO dismissed motion, finding articles showed field importance but not specific endeavor impact or prospective national significance.

A graduate research and teaching assistant in computer science sought an EB-2 national interest waiver for AI research in medical diagnostics. The AAO dismissed the appeal, finding he did not satisfy the second Dhanasar prong because he lacked adequate graduate credentials, strong publication records, secured research positions, or demonstrated funding.