Published AAO appeal decisions

Port manager with advanced degree sought national interest waiver of job offer requirement. AAO agreed endeavor had substantial merit but lacked national importance. Petitioner failed to establish specific work would impact field, industry, or economy beyond company operations. Remaining Dhanasar prongs reserved.

A Brazilian healthcare specialist with advanced degree seeks NIW for EB-2, proposing to develop audit systems and management frameworks. The AAO dismissed because petitioner failed to establish the underlying EB-2 classification and did not demonstrate national importance of the specific proposed endeavor.

Pilot self-petitioner sought NIW under EB-2 as advanced degree professional. AAO dismissed appeal, finding initial endeavor as airline transport pilot lacked national importance, and petitioner materially changed endeavor in response to RFE without establishing broader field implications.

CEO seeking NIW for eco-friendly manufacturing startup claimed national importance of his business venture. AAO held the endeavor lacks broader field-level impact, representing only routine company-specific benefit insufficient for NIW, distinguishing meaningful national importance from merely important work.

Educational technology researcher claimed NIW for health literacy research advancing competency-based learning. AAO held proposed endeavor lacks demonstrated national importance despite university adoption at one institution, and applicant failed to show recent productivity or sustained research continuation warranting waiver.

A business process reengineering consultant sought a national interest waiver under the second preference category. After several earlier denials and dismissals, the petitioner filed a motion to reconsider. The AAO dismissed it because no incorrect application of law or policy was shown, and the arguments were repetitive or could have been raised earlier.

Tourism consultant and entrepreneur sought EB-2 national interest waiver. AAO dismissed motion to reconsider, finding petitioner did not overcome the most recent adverse decision and merely reargued prior issues. Motion scope was limited to the latest decision only, and petitioner did not demonstrate incorrect application of law.

Mechanical engineer employed in advanced driver assistance systems sought national interest waiver. AAO held proposed endeavor lacked sufficient concrete examples of broad impact and petitioner did not establish ownership of intellectual property or impact beyond specific employer, failing the substantial merit and national importance prong.

A materials engineering researcher proposed computational modeling research to improve additive manufacturing processes and sought a national interest waiver. The AAO agreed the endeavor has substantial merit but held national importance was not shown, since the evidence did not demonstrate prospective impact. It dismissed the appeal and reserved the remaining prongs.

Industrial machinery mechanic sought EB-2 exceptional ability classification with national interest waiver. AAO found petitioner met only two of six criteria and lacked exceptional ability: professional identity card did not constitute recognized profession license; salary evidence insufficient; professional association membership unsubstantiated; achievement recognition undemonstrated. Appeal dismissed.

Software engineer proposing AI infrastructure development for large language models advancing U.S. innovation seeks NIW under EB-2. AAO remanded because record was incomplete with illegible exhibits and SCOPS did not fully evaluate all three Dhanasar prongs. Petitioner to resubmit clear copies and articulate national importance and balance analysis.

Oil and gas completions specialist seeks NIW under EB-2 with advanced degree. Proposed AI-enabled endeavor aligned with federal supply-chain policies. AAO dismissed appeal, finding substantial merit but no demonstrated national importance; company-specific savings lack broader industry implications required by Dhanasar.

A systems engineering specialist sought EB-2 national interest waiver. The AAO dismissed the appeal, finding the proposed endeavor lacked sufficient national importance under Dhanasar. Working in telecommunications generally does not establish specific endeavor importance; broader industry relevance was insufficient.

A technology corporation sponsored an engineer for EB-2 with NIW to advance wireless RF digital module design. The petitioner failed to address the third Dhanasar prong (balance favoring waiver) including labor certification impracticality; the appeal arguments were limited and did not meaningfully contest the service center's denial. The appeal was dismissed as the third prong is dispositive.

General manager of construction company in Colombia sought EB-2 classification with national interest waiver for sustainable construction endeavor. SCOPS found advanced degree qualification but denied waiver. AAO affirmed, finding proposed endeavor lacks demonstrated national importance and petitioner failed to show waiver would benefit the United States.

A scientist seeks EB-2 classification with national interest waiver to conduct immunology research targeting autoimmune diseases and cancer. Service center denied the waiver based on inadequate national importance. AAO remanded because service center failed to properly analyze the proposed endeavor's specifics, the petitioner's qualifications, and factors favoring waiver.

Physicist sought EB-2 NIW for postdoctoral research and future academic positions in physics. AAO rejected SCOPS finding of national importance; petitioner's vague, undetermined research endeavor and few citations lack national or global implications in field. Appeal dismissed.

Legal consultant self-petitioned for EB-2 NIW to facilitate business transactions for U.S. investors entering Albanian market. AAO found substantial merit but no national importance because impact limited to individual clients without broader field implications. Appeal dismissed.

Mathematics educator with 17 years teaching experience sought NIW for EB-2 classification. AAO affirmed SCOPS denial, finding the proposed endeavor lacked national importance because impacts were limited to her company and students without demonstrating broader field-level benefits or innovation.

A component design engineer was sponsored by a programmable logic device manufacturer under the EB-2 advanced degree category with a labor certification, not a national interest waiver. The service center denied for missing skills. The AAO withdrew that decision and remanded for review of successor-in-interest status, advertising evidence and qualifying experience.

An automotive technician sought exceptional ability classification with a national interest waiver and filed a seventh combined motion after earlier dismissals. He submitted a revised business plan and argued the Dhanasar prongs. The AAO dismissed it because the motion did not address any error in the latest decision and attacked only the original denial.

Chief operating officer of NSF-funded fire suppression technology startup seeking EB-2 NIW. Qualified for underlying EB-2. AAO affirmed denial of first Dhanasar prong: while fire suppression field is important, petitioner's specific operational work lacks national importance beyond employer benefits and does not broadly impact the industry.

Chief urban planner with advanced degree seeks EB-2 national interest waiver for mixed-use real estate and housing policy work. AAO withdrew SCOPS denial and remanded because SCOPS provided insufficient reasoned analysis of evidence supporting all three Dhanasar prongs.

Production engineer and entrepreneur sought EB-2 NIW for consultancy business. AAO found petitioner qualified as advanced degree professional but rejected endeavor's national importance. Consultancy services lacked sufficient prospective impact on industry or economy; job creation projections insufficiently detailed. Appeal dismissed.

Treasurer/controller in construction industry sought EB-2 NIW for beneficiary proposing civil engineering and residential development company. AAO dismissed, finding proposed endeavor had substantial merit but lacked national importance; economic benefits limited to local region without sufficient prospective national impact or implications.