Published AAO appeal decisions

Employer sought national interest waiver for beneficiary as assistant professor of otolaryngology-head and neck surgery. AAO found beneficiary met EB-2 advanced degree requirement but proposed endeavor lacked adequate evidence of national importance beyond employer and local patients, failing the first Dhanasar prong.

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.

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 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.

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.

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.

A petitioner with education background in emergency preparedness and school-based disaster response filed a motion to reopen and reconsider a dismissed national interest waiver appeal. The AAO dismissed the motion because the petitioner presented no new facts not previously submitted and failed to demonstrate the prior decision was based on incorrect law or policy.

Industrial product company petitioned for an EB-2 national interest waiver for a product engineering team lead with a master's in mechanical engineering. The AAO dismissed the appeal, finding the petitioner failed to establish the proposed endeavor's substantial merit and national importance under Dhanasar's first prong, lacking sufficient detail on how the work would impact U.S. infrastructure beyond the company.

An employer sought a national interest waiver for a beneficiary as associate vice president in pharmaceutical supply chain management. The AAO held the proposed endeavor lacked demonstrated national importance under Dhanasar's first prong because work would not impact the field broadly, merely addressing company-specific needs despite being in an important sector.

Occupational health and safety consultant sought EB-2 with national interest waiver. AAO found proposed endeavor lacked demonstrated national importance; evidence showed only general industry significance and vague vision statements without concrete training programs or detailed implementation. Petitioner not well positioned to advance endeavor. Appeal dismissed.

Research engineer with mechanical engineering doctorate sought EB-2 NIW for HVAC&R systems research. AAO found the proposed endeavor has substantial merit and national importance but dismissed appeal because petitioner failed to show he is well positioned to advance it without his current employment, lacking independent funding and demonstrating field adoption.

Telecommunications engineer sought EB-2 NIW for startup company providing connectivity and cybersecurity solutions. SCOPS found substantial merit but denied lack of national importance. AAO affirmed, finding proposed endeavor lacked specific details about services, job creation, and scale necessary to demonstrate national importance.

An industrial engineer with a doctorate in transportation engineering sought an EB-2 national interest waiver for predictive maintenance research. The AAO dismissed, finding the petitioner failed to demonstrate she was well positioned to advance the proposed endeavor despite meeting the first prong.

Biofuels engineer with advanced degree sought waiver based on proposed ethanol production and export optimization. AAO affirmed SCOPS finding that endeavor lacked national importance, being limited to employer and partners without demonstrated broader impact on ethanol industry or economy. Appeal dismissed.

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.

AI engineer self-petitioner sought NIW based on broad plans to advance AI and exponential technologies for healthcare and general use. AAO found no specific proposed endeavor: petitioner discussed general intentions without particularizing data-driven tools, efficiency gains, or LLM inference work. Appeal dismissed; favorable prong determinations withdrawn without specific endeavor.

IT consultant sought EB-2 with national interest waiver claiming exceptional ability. AAO affirmed second denial after remand, finding only one of six exceptional ability criteria met. National importance not established for proposed IT consulting endeavor.

A mechanical engineer sought a national interest waiver for an EB-2 employment-based petition. The AAO dismissed the appeal, finding the petitioner failed to establish that the proposed thermal management research endeavor has national importance, the first Dhanasar prong required for waiver eligibility.

An employer petitions for a financial investor to receive an NIW for consulting services promoting U.S. business investment in China. The AAO found substantial merit but rejected national importance, concluding projected revenue, tax contributions, and job creation lacked evidence of broader regional or national economic impact.

Pharmacist sought EB-2 with national interest waiver claiming exceptional ability. AAO affirmed denial, finding although three criteria were met, evidence did not establish expertise significantly above ordinary levels in pharmaceutical services. NIW prongs reserved as unnecessary.

An entrepreneur seeking EB-2 national interest waiver proposed developing zeolite-based fertilizers, filters, and supplements for agriculture and energy sectors. AAO dismissed the appeal, finding insufficient evidence that his specific endeavor would have national importance or broad field impact beyond promotional materials and general letters.

A process engineer seeks EB-2 national interest waiver for hydrogen membrane reactor research and development. Appeal dismissed because petitioner failed to establish substantial merit and national importance of proposed endeavor under Dhanasar's first prong; description lacked sufficient specificity and evidence of broader impact. Second and third prongs not reached.

A machine learning engineer with a master's degree sought EB-2 NIW for research into autonomous driving and robotics systems. The AAO confirmed he met the advanced degree requirement and that his endeavor had substantial merit, but rejected the petition because his proposed research lacked sufficient evidence of national importance under Dhanasar's first prong.