Published AAO appeal decisions

Environmental engineering analyst sought EB-2 NIW for digital platform using hyperspectral imagery and machine learning for environmental data. AAO dismissed appeal, finding proposed endeavor lacks national importance; speculative economic benefits and sole self-employment insufficient.

Information security analyst sought EB-2 NIW for developing unified cybersecurity framework integrating DLP, IRM, and AI. AAO found endeavor lacked national importance despite alignment with executive orders on cybersecurity and AI. Consultancy work lacks sufficient broader field impact. Appeal dismissed.

An aerospace engineer with a Ph.D. seeking EB-2 with NIW for fatigue/damage tolerance research demonstrated the first Dhanasar prong but failed the second, lacking evidence his work influenced the field or represented record of success in advancing the endeavor.

Quantitative analyst with advanced degree sought EB-2 national interest waiver. SCOPS found petitioner qualified for underlying classification but denied waiver. AAO affirmed, finding petitioner presented inconsistent and changing proposed endeavors, preventing determination of national importance under Dhanasar first prong. Remaining prongs reserved.

Senior reliability engineer with Ph.D. in mechanical engineering sought NIW for continued work in consumer electronics hardware reliability testing. AAO found work lacked national importance; specific endeavor did not have broader implications beyond assigned hardware modules despite field importance.

Software engineer with master's degree proposing to develop open-source web components library for data visualization. AAO held proposed endeavor lacks national importance under Dhanasar first prong; general STEM field importance insufficient without demonstrated broad impact.

Structural engineer consultant seeks EB-2 with national interest waiver. Petitioner holds advanced degree and meets substantial merit requirement. However, proposed endeavor lacks national importance because partnerships undefined, events unspecified, and projected creation of twenty jobs insufficient. Proposed business does not demonstrate broader field impact or substantial economic effects. First Dhanasar prong not satisfied; appeal dismissed.

General manager seeking EB-2 NIW for business consulting services claimed company importance to U.S. business ecosystem. AAO dismissed, finding no sufficient evidence that proposed endeavor would impact business consulting field broadly or generate substantial positive economic effects at national level.

Quantitative finance analyst self-petitioner sought EB-2 NIW. Claimed substantial merit and national importance of financial risk modeling work. AAO affirmed denial, finding no demonstrated national importance of the specific proposed endeavor despite industry importance; opinion letters lacked sufficient specificity.

An IT program manager seeking EB-2 classification and NIW claimed exceptional ability and national importance for proposed IT project management business. AAO found he failed to meet three evidentiary criteria for exceptional ability and that his proposed endeavor lacked national importance beyond his company and clients, thus denying the NIW.

A postdoctoral researcher in metabolic diseases sought an EB-2 national interest waiver. She satisfied the first prong (substantial merit and national importance) but failed the second: she lacked a clear plan, institutional commitment, or funding evidence to demonstrate she was well-positioned to advance her work, so the appeal was dismissed.

Computer network architect self-petitioner sought NIW under EB-2. AAO affirmed SCOPS denial, finding her proposed endeavor in telecommunications security had substantial merit but lacked the national importance required by Dhanasar's first prong, as general field alignment does not establish specific endeavor impact.

HR professional and entrepreneur sought EB-2 NIW based on proposed AI platform connecting businesses with artisans and sustainable fashion work. AAO found endeavor lacked sufficient national importance; broad statements about economic benefits and job creation were unsubstantiated by corroborating evidence of prospective impact.

A researcher in sustainable building and construction proposes to advance climate-resilient environmental research through peer publication and conferences. AAO held the proposed endeavor lacks national importance under Dhanasar's first prong because the record shows only ordinary research activities similar to all other researchers, without evidence of broader field impact or adoption by decision-makers.

A software development manager with master's degree sought a national interest waiver. The AAO held his proposed work as a software development manager lacked national importance; despite alignment with cybersecurity policy goals, no evidence demonstrated prospective impact beyond employer clients or field-wide significance. Appeal dismissed.

Special education coordinator sought EB-2 NIW to establish Texas education consultancy. AAO dismissed appeal, finding petitioner failed to establish national importance of the specific endeavor, which lacked identifiable unique methodologies or prospective broad impact beyond local service provision.

A professional in international educational development with advanced degree sought NIW under EB-2. AAO dismissed because while the field is important, the petitioner failed to demonstrate national importance of her specific endeavor—placing visiting teachers in U.S. classrooms—which lacks broad implications beyond limited participants.

Software developer sought NIW for EB-2 exceptional ability classification. Petitioner met only two of six required evidentiary criteria: official academic record and compensation. Appeal dismissed because petitioner failed to establish exceptional ability significantly above ordinarily encountered in field, failing antecedent requirement for NIW consideration.

Ph.D. student in computer science with research focus on human-machine interfaces and AI sought EB-2 with NIW. AAO reversed service center on prong one, finding national importance established, but affirmed dismissal after finding petitioner not well positioned to advance endeavor.

A construction manager with advanced degree sought EB-2 NIW classification. The AAO affirmed dismissal, finding the record demonstrated the specific endeavor had substantial merit but lacked evidence of national importance. Letters and documents addressed the petitioner's skills, not the endeavor's national implications or economic benefits.

A clinical psychologist sought EB-2 national interest waiver to operate a mental health treatment center using proprietary methodology. The AAO dismissed the appeal, finding the endeavor had substantial merit but lacked national importance because individual patient services and training courses would not broadly impact the mental health field.

An IT professional sought EB-2 national interest waiver to establish an LLC providing custom IT services to small and medium businesses. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance despite cybersecurity's overall importance, as benefits would not extend beyond the LLC's immediate clients.

Senior business analyst proposes self-employment in e-waste AI and e-commerce business. Claimed endeavor has national importance and would generate jobs and tax revenue. AAO dismissed appeal, finding endeavor lacks documented prospective impact beyond specific clients and does not meet national importance requirement under Dhanasar first prong.

IT professional with advanced degree seeks NIW to work in project management and AI adoption. AAO agreed endeavor has substantial merit but lacked national importance because benefits did not extend beyond individual employers or substantially impact the field.

HR consultant sought EB-2 national interest waiver. AAO found petitioner demonstrated substantial merit of proposed US HR consulting endeavor but failed to establish national importance, concluding prospective impact limited to particular business rather than field or broader economy. Appeal dismissed without addressing positioning or balance arguments.