Published AAO appeal decisions

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 consultant engineer with 28 years experience sought EB-2 NIW for affordable housing and resilience engineering work. SCOPS approved advanced degree qualification but denied NIW. The AAO affirmed dismissal, finding the proposed endeavor, though in important industry, lacked demonstrated national importance as required by Dhanasar's first prong.

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.

A civil engineer with a master's degree in civil engineering sought EB-2 classification with a national interest waiver. The AAO agreed he qualified as an advanced degree professional but remanded the case because SCOPS made contradictory statements on national importance and provided no analysis for the well-positioned prong, denying him fair notice.

Civil engineer and researcher with Master's degree seeks NIW for waterborne disease framework research. AAO dismissed, finding petitioner met first two Dhanasar prongs but failed the third: while endeavor involves critical emerging technology, evidence did not show national interest urgent enough to waive labor certification.