Published AAO appeal decisions

A software engineer and systems researcher sought an NIW for autonomous vehicle research. The AAO found substantial merit in the proposed endeavor but dismissed the appeal because the petitioner failed to demonstrate he was well positioned to advance it, lacking evidence of progress or external support.

An employer petitioned for a quality assurance manager in aerospace manufacturing, seeking EB-2 advanced degree classification with a national interest waiver. The service center denied it. The AAO dismissed the appeal, holding the endeavor lacked national importance because its impact was confined to the employer and economic benefits were too attenuated, so other prongs were not reached.

An automotive service technician sought NIW for an exceptional ability business endeavor. The AAO dismissed the appeal, finding the proposed automotive repair venture lacked national importance despite its focus on important industry challenges; benefits were too localized to the petitioner's company.

A mathematician with a Ph.D. sought an EB-2 national interest waiver for mathematical research with government initiative alignment. The AAO agreed the proposed endeavor meets the first Dhanasar prong but found the petitioner is not well-positioned to advance it due to unclear employment status, unclear research duties, and insufficient evidence of available funding and institutional support.

Health services manager with advanced nursing degree seeking EB-2 classification and NIW for proposed healthcare business claimed national importance based on federal alignment, job creation projections, and revenue forecasts. AAO found proposed endeavor lacks national importance because benefits do not extend beyond individual patients to impact healthcare field broadly.

Ph.D. civil engineering student sought EB-2 with national interest waiver for railway safety and cybersecurity work. AAO dismissed, finding the proposed endeavor insufficiently defined through multiple inconsistent characterizations; petitioner's actual employment plans contradicted stated endeavor, preventing assessment of national importance.

Restaurant company seeking to employ beneficiary to lead expansion across United States. Claimed expansion creates thousands of jobs in economically distressed areas and promotes cultural exchange. AAO held specific endeavor lacks national importance; job projections unsubstantiated; 19 jobs per location insufficient; market demand unproven.

An operations research analyst with a PhD sought an EB-2 NIW for data-driven research in supply chain and financial markets. The AAO dismissed because the petitioner failed to demonstrate her specific endeavor's national importance, confusing the importance of the field with the importance of her proposed work.

Petitioner appealed dismissal of motion to reopen and reconsider prior NIW denial. AAO held appeal concerns only procedural motion dismissal not underlying petition denial; petitioner waived substantive arguments by not appealing original denial and failing to articulate legal error in motion dismissal.

A property management company sponsored a graphic designer under the EB-2 advanced degree category, not a national interest waiver. After approval was revoked for lack of intent to employ full-time and inability to pay, the AAO found those grounds unsupported but noted missing ability-to-pay evidence for the priority date year, and remanded.

An EB-2 applicant seeking national interest waiver filed a third motion to reconsider after prior dismissals. The AAO dismissed the motion because petitioner merely disagreed with conclusions without identifying legal or policy errors as required for reconsideration. Underlying petition remained denied.

A computer scientist with master's degree sought an EB-2 national interest waiver for research in network architecture for data centers. The AAO dismissed, finding the petitioner established substantial merit but failed to prove national importance of the specific proposed endeavor despite industry relevance.

Energy policy analyst with master's degree sought EB-2 with national interest waiver to research energy policy reforms. The AAO dismissed the appeal because the petitioner failed to establish the proposed endeavor has national importance, lacking concrete evidence of economic impact, employment creation, or differentiated methodology from existing research.

Biotechnology researcher proposes developing genomic editing tools for disease modeling and gene therapy targeting neurodegenerative and autoimmune disorders. AAO found the endeavor has substantial merit but rejected it because the record fails to establish the proposed endeavor's prospective impact or national importance, relying instead on general industry importance.

An English teacher and educational administrator from Turkey seeking EB-2 NIW classification failed to establish eligibility for the underlying advanced degree classification and did not demonstrate that her specific endeavor of integrating immigrants into the U.S. educational system had national importance, warranting dismissal.

Computer engineer with master's degree seeks NIW for research in advanced computational models, brain-machine interfaces, and smart sensors. AAO found proposed endeavor has substantial merit but lacks demonstrated national importance or evidence of impact on healthcare, neurotechnology, agriculture, or public health fields.

Physical therapist seeking EB-2 with NIW to operate healthcare clinic in the United States. AAO found petitioner met underlying advanced degree requirement but proposed endeavor lacks national importance. While addressing healthcare field shortage, evidence insufficient to show prospective impact beyond local clinic operations reaching national significance.

A self-petitioner proposes directing volleyball and soccer classes for low-income children. AAO affirmed service center revocation, finding proposed endeavor lacks national importance; offering youth sports to specific populations does not extend broader implications to industry, region, or nation required by Dhanasar.

A specialist mechanic sought EB-2 classification with national interest waiver. The AAO dismissed a motion to reopen and reconsider filed 74 days late. The motion was procedurally defective; the petitioner failed to demonstrate reasonable delay beyond its control when correcting a payment error.

A financial services professional with expertise in operational risk management sought EB-2 classification with national interest waiver. The AAO dismissed the appeal because his proposed endeavor to modernize fraud prevention and compliance infrastructure lacked demonstrated national importance. His plan would benefit limited stakeholders and offered insufficient evidence of substantial positive economic effects.

A postdoctoral neuroscience researcher seeking national interest waiver for EB-2 advanced degree petition demonstrated the first Dhanasar prong: substantial merit and national importance of her proposed research. However, she failed the second prong because her academic accomplishments, citations, and letters of support were insufficient to show she is well positioned to advance the endeavor. Appeal dismissed.

A civil engineering company CEO sought EB-2 classification with a national interest waiver. Under the Dhanasar framework, the AAO found the proposed consulting endeavor lacked demonstrated national importance with broader implications, failing the first prong and requiring dismissal.

An electrical engineer sought EB-2 classification with a national interest waiver. The AAO dismissed because the record did not establish she held an advanced degree. She had completed only part of a Ph.D. program and provided no official academic record or proper translation certification. Without satisfying the underlying EB-2 qualification, the Dhanasar prongs were not addressed.

CEO with advanced degree sought EB-2 national interest waiver for electronics export business. AAO dismissed motions to reopen and reconsider, finding petitioner failed to establish national importance of the proposed endeavor. Motion evidence showed decreased business income and insufficient economic impact.

Process engineer with master's degree in chemistry seeks NIW for research optimizing manufacturing of paper and polymer composites for sustainable energy. AAO held the proposed endeavor lacks national importance under Dhanasar first prong; working in important field is insufficient without demonstrating specific endeavor's broad prospective impact.