Published AAO appeal decisions

Project execution supervisor sought national interest waiver for EB-2 advanced degree. AAO dismissed appeal, finding proposed work lacks national importance despite meeting prong two; improvements limited to employer's projects without broader industry impact or demonstrated U.S. economic effects.

Financial analyst from Brazil seeking EB-2 national interest waiver. Proposed endeavor was general financial services work and later starting a consulting business with projected five-year revenue of six hundred thousand dollars. AAO rejected first prong of Dhanasar test; work lacks sufficient prospective impact on U.S. economy or broader financial services industry. Appeal dismissed.

Senior process engineer with Ph.D. in physics sought national interest waiver for EB-2 advanced degree classification. Work involved development of materials and manufacturing processes. AAO found petitioner failed to establish national importance of proposed endeavor; general environmental goals and internal process improvements lack sufficient prospective impact; dismissed.

An HR manager with advanced degree seeks NIW for EB-2. AAO dismissed because petitioner failed to articulate specific proposed endeavor beyond general field of HR management; lacks demonstrated national importance for waiver eligibility.

A petroleum engineer seeking NIW claimed ability to advance research on artificial lift technology. The AAO found the proposed endeavor met the first Dhanasar prong but dismissed the appeal because the engineer's publications, citations, education, and journal service did not demonstrate he was well positioned to advance the specific research.

Senior application engineer and researcher with advanced degree in electrical engineering sought NIW for EB-2. AAO found beneficiary qualified for EB-2 but dismissed appeal because proposed endeavor lacked sufficient national importance beyond the specific employer.

Senior electrical engineer seeking EB-2 with national interest waiver. Petitioner qualified for EB-2 as advanced degree professional but failed NIW first prong: proposed endeavor in wireless communication and device development lacked demonstrated national importance beyond company-specific applications.

Financial analyst seeking national interest waiver. Director found substantial merit but denied on national importance grounds. AAO affirmed; petitioner relied on prior accomplishments rather than demonstrating proposed work would impact industry broadly or create substantial U.S. economic effects.

Metallurgist with advanced degree employed as research engineer sought national interest waiver of job offer requirement for EB-2 classification. AAO found proposed 3D printing research has substantial merit and national importance, and petitioner well positioned to advance it. However, petitioner failed to demonstrate that waiver would benefit United States on balance; dismissed.

Business executive sought EB-2 with national interest waiver. Director granted advanced degree classification but denied waiver. AAO agreed waiver not warranted: petitioner's company growth lacked national economic significance, aviation training software and academy projects showed no substantial benefits extending beyond his companies to impact industry broadly.

A materials scientist working for a manufacturer sought an EB-2 classification with a national interest waiver. The director had denied on the third prong. The AAO dismissed the appeal, finding the first Dhanasar prong unmet because the proposed endeavor's national importance and job creation were not shown, and reserved the remaining prongs.

Mental health organization petitioned for group facilitator and case manager claiming three Dhanasar prongs. AAO dismissed, finding record does not establish national importance because benefits appear limited to individual clients without broader field or regional economic implications beyond individual treatment.

Aircraft marketing company sponsoring aircraft design engineer for EB-2 national interest waiver. Beneficiary would perform engineering on passenger-to-ambulance and passenger-to-freight aircraft conversions. AAO affirmed denial, finding endeavor has substantial merit but lacks national importance because record does not show broader industry implications, specific employment details, or sufficient positive economic effects beyond company operations.

Mechanical engineer employed by company seeks national interest waiver for EB-2 classification. Petitioner claimed his mechanical engineering work for automotive manufacturers would have national importance. AAO dismissed appeal, finding insufficient evidence that the specific proposed endeavor has national importance or substantial economic effects, failing the first Dhanasar prong.

Mechanical engineer with Ph.D. seeking EB-2 national interest waiver. Petitioner held advanced degree but failed to establish substantial merit and national importance of proposed endeavor under Dhanasar framework. AAO dismissed because petitioner did not differentiate proposed research from past work or demonstrate prospective impact.

A physician seeking EB-2 classification with NIW qualification proposed medical research combined with clinical practice. The AAO dismissed because the petitioner failed the first Dhanasar prong: the proposed endeavor lacked sufficient national importance, with vague research intentions and minimal documentation insufficient to distinguish from ordinary practice.

Senior research associate with advanced degree in medical data statistics sought NIW for EB-2. AAO dismissed appeal, finding proposed research had national importance but petitioner failed to demonstrate being well positioned to advance it despite citations and peer review work.

A social work coordinator sought a national interest waiver for an EB-2 position. The AAO found the petitioner qualified for advanced degree classification but failed the first Dhanasar prong: the proposed endeavor lacked national importance, had only state-level scope, and showed no potential for national economic effects or process improvements.

Materials chemistry researcher pursuing Ph.D. seeking EB-2 with national interest waiver. Met first Dhanasar prong: proposed research in smart polymers has broader field implications. Failed second prong: insufficient evidence of being well positioned to advance the research despite publications, citations, and support letters. Appeal dismissed.

Marketing manager employed by U.S. organization seeking EB-2 national interest waiver. Claimed substantial merit for strategic marketing work. Advanced degree established but failed first Dhanasar prong: proposed work lacked national importance beyond specific employer and clients. Appeal dismissed.

A petroleum engineer sought an EB-2 classification with a national interest waiver. The director accepted the advanced degree and substantial merit but found national importance lacking. The AAO adopted that decision and dismissed the appeal, finding no evidence the work would affect the industry beyond the employer or produce substantial economic effects, and reserved the other prongs.

Instructional technologist with Ph.D. seeking EB-2 national interest waiver. Petitioner established first prong of Dhanasar framework for substantial merit and national importance of proposed endeavor. AAO dismissed because petitioner failed second prong; evidence did not demonstrate adequate record of success or that others in field recognize his work sufficiently.

Architectural project manager seeking national interest waiver. Director found substantial merit but denied on national importance grounds. AAO affirmed; petitioner failed to demonstrate proposed work would extend beyond employer and clients or offer innovations advancing the architectural or engineering fields.

University sponsored assistant professor in agricultural soil science for national interest waiver. AAO sustained appeal, finding proposed research on greenhouse gas emissions and soil fertility meets all Dhanasar prongs and merits waiver.

A marketing manager sought NIW as EB-2. The AAO found he lacked the advanced degree requirement and failed the first Dhanasar prong: his proposed marketing work lacked national importance despite general industry need. Appeal dismissed.