Published AAO appeal decisions

Financial manager with advanced degree seeks NIW for EB-2 classification. Claimed endeavor has national importance through job creation and economic impact. AAO held that 50-job potential is insignificant relative to 206,000 industry jobs and lacks broader field impact required for national importance.

An entrepreneur offering consulting and management training to coffee producers sought EB-2 classification as an individual of exceptional ability with a national interest waiver. The AAO dismissed the appeal because the petitioner did not show expertise significantly above peers, and it reserved the Dhanasar waiver analysis.

Employer petitions for beneficiary as senior site reliability engineer under EB-2 with NIW, claiming role advances cloud infrastructure and U.S. technological competitiveness. AAO held endeavor has substantial merit but not national importance; beneficiary's specific contributions lack demonstrated broader impact on U.S. economy or field beyond employer.

An electronic products manufacturer sponsored an NIW petition for a beneficiary with a master's in computer science to develop AI and data analytics infrastructure. The AAO dismissed the appeal, finding while the endeavor had substantial merit, the petitioner failed to establish national importance because benefits would not extend beyond the company and its clients.

A senior site reliability engineer seeks EB-2 NIW for work in cloud infrastructure and digital entertainment. Beneficiary established advanced degree eligibility and endeavor substantial merit, but failed to demonstrate national importance of specific proposed work beyond field and employer significance.

A high school and college teacher with a PhD in education administration seeks a national interest waiver to develop AI-based curriculum and teaching methods. The AAO affirmed denial because the petitioner failed to show the proposed endeavor would extend beyond individual students to impact the field more broadly at a national level, falling short of the substantial merit and national importance prong.

A textile researcher with an advanced degree sought an EB-2 national interest waiver to develop sustainable personal protective textiles using piezoelectric materials. The AAO dismissed because the petitioner failed to establish that the specific proposed endeavor, beyond general field importance, possessed national importance with prospective impact.

IT specialist self-petitioner seeking NIW to establish IT consultancy providing e-commerce security and development services. Claimed national importance through worker shortage and innovative solutions. AAO held technologies not demonstrated as unique or innovative; profits and employment levels not substantial for IT industry; endeavor lacks broader field impact.

Data scientist pursued doctoral degree while proposing research on human mobility and urban prediction models for national interest waiver. AAO dismissed appeal because evidence failed to establish prospective impact of the specific endeavor, distinguishing between field importance and actual project importance.

Physician-scientist specializing in epidemiology sought EB-2 exceptional ability and NIW. Service Center found first Dhanasar prong met; AAO reversed: petitioner's vague research plan lacks specific national importance. Second prong also fails: foreign medical degree does not satisfy U.S. physician licensure; petitioner not well-positioned to advance proposed endeavor.

A healthcare manufacturing company petitioned for an EB-2 national interest waiver for a financial manager continuing existing work at a U.S. location. The AAO found the proposed endeavor lacked national importance despite STEM-related arguments and industry documentation, as neither work experience nor field shortage alone established broader impact. Appeal dismissed.

A financial advisor with established company in Brazil sought national interest waiver for EB-2 as individual of exceptional ability. AAO withdrew Director's denial of exceptional ability but found proposed endeavor lacked national importance; business serving personal client base does not demonstrate broader economic or field impact.

Ballet teacher and director proposed establishing dance studio offering entertainment training and health and wellness programs. AAO held endeavor lacks national importance because claims about health, social equity, and employment benefits remain localized; petitioner did not demonstrate broader national impact.

Environmental scientist proposes to operate a waste management consultancy business. AAO held the endeavor lacks national importance; petitioner failed to demonstrate how his company would achieve national or statewide impact, provide substantial economic benefits through employment, business activity, or tax revenue.

Computer vision and AI researcher sought EB-2 national interest waiver. AAO found proposed endeavor had substantial merit and national importance, and applicant well positioned to advance it via advanced degree and publication record. However, waiver not warranted: while work involves critical emerging technology, evidence did not show national interest sufficiently urgent to justify forgoing labor certification process.

Entrepreneur seeking NIW for EB-2 as advanced degree professional to operate digital marketing firm. AAO found substantial merit but insufficient evidence of national importance; claimed economic impact and job creation unsubstantiated. Appeal dismissed; second and third prongs not addressed.

Biomedical engineer with advanced degree seeks EB-2 with national interest waiver to research neurodegenerative diseases. AAO sustained appeal, finding all three Dhanasar prongs met: research has substantial merit and national importance, petitioner well-positioned to advance it, and waiver would benefit United States.

Senior machine learning engineer seeks EB-2 with national interest waiver for software engineering research. AAO dismissed appeal, finding proposed endeavor lacked national importance; work was limited to employer interests and clients without broader implications for United States.

Software engineer with Ph.D. in electrical and computer engineering sought EB-2 national interest waiver. Director found first prong met but third prong failed. AAO affirmed first prong for research only but withdrew finding on second prong. Petitioner failed third prong: work primarily benefits employer, no evidence labor certification inappropriate, insufficient urgency. Dismissed.

A geomatics engineering researcher with a doctorate seeks NIW as EB-2 advanced degree professional. The AAO affirmed denial because the petitioner failed to show he is well positioned to advance his proposed tenure-track research endeavor, lacking evidence of grant funding, research significance, or broader field impact necessary under Dhanasar prong two.

Plant sciences researcher with Master's degree sought EB-2 with NIW. AAO sustained appeal, finding all three Dhanasar prongs met: research on crop resilience has national importance, applicant's credentials and record position him to advance the work, and national interest in critical biotechnology justifies waiving labor certification.

Agricultural engineer proposes to establish a consulting company offering personalized innovative solutions to farmers and agribusinesses to optimize productivity and sustainability. AAO held the proposed endeavor lacks national importance because it failed to demonstrate substantial prospective economic impact or job creation beyond serving selected regional clients.

Biomedical systems technician seeks NIW to establish business providing clinical engineering services, equipment maintenance, and training. AAO dismissed appeal, finding the petitioner failed to demonstrate national importance of the proposed endeavor, lacking evidence of substantial economic impact, job creation, or industry-wide implications beyond prospective clients.

A home health services company owner sought EB-2 NIW classification as an advanced degree professional. The petitioner proposed operating a home health company aligned with federal healthcare initiatives. The AAO held that substantial merit in the field does not establish national importance; the specific endeavor must demonstrate broader implications or meaningful industry impact beyond serving prospective patients.

A chemical engineer and entrepreneur self-petitioning for NIW sought EB-2 as individual with advanced degree. The AAO found her proposed endeavor of providing industrial chemistry and food manufacturing services had substantial merit but failed to demonstrate national importance. Dismissal affirmed because petitioner did not show broader implications or substantial economic effects at requisite level.