Published AAO appeal decisions

Strategic initiatives manager with advanced degrees in MBA and civil engineering seeks NIW to bridge structural engineering and sustainable infrastructure technology. AAO dismissed finding proposed endeavor lacks national importance despite working in STEM field.

A senior manager of pavements with advanced degree sought national interest waiver for sustainable pavement engineering research. The AAO found the proposed endeavor had substantial merit and national importance but dismissed the appeal because the petitioner failed to demonstrate being well positioned to advance the research through education, skills, and record of success.

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.

Graduate student researcher in structural engineering sought EB-2 NIW for developing sustainable concrete materials and construction methods. AAO found proposed endeavor had substantial merit and national importance, but petitioner failed second prong by lacking documented plan, progress, and stakeholder interest to advance the endeavor.

A postdoctoral scholar in civil and environmental engineering proposed research on traffic safety and autonomous vehicles under NIW. The AAO found working in a nationally important field insufficient and concluded the petitioner did not demonstrate the proposed endeavor itself has national importance or broader field impact. Appeal dismissed.

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.

An engineering corporation sponsored a cost and project controls engineer for EB-2 with national interest waiver. AAO upheld the denial, finding the specific endeavor lacked national importance despite work on school district capital projects, as it showed no broader field or economic impact beyond individual projects.

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.

A civil engineer with advanced degree sought EB-2 NIW. Under Dhanasar, the AAO found he failed the second prong: his business plan, progress, and evidence of investor or customer interest did not establish he was well-positioned to advance his proposed endeavor. The appeal was dismissed without addressing the first and third prongs.

A civil engineer in sustainable development consulting seeks an EB-2 national interest waiver. The AAO affirmed the service center's denial because the petitioner did not demonstrate the proposed endeavor has national importance: the business plan showed limited job creation and insufficient economic impact to rise to national significance.

Civil engineer sought EB-2 NIW. AAO dismissed after finding petitioner qualified as advanced degree professional but failed to establish national importance of proposed endeavor. Description too vague lacking economic impact specifics.

Civil engineer with five years experience sought EB-2 NIW. Qualified as advanced degree professional. AAO found proposed highway and bridge infrastructure work lacked national importance; emphasis on industry significance insufficient. Petitioner's customized solutions not shown to differ from existing U.S. approaches or impact field broadly.

Civil engineer sought EB-2 exceptional ability classification with national interest waiver. Petitioner claimed two additional criteria beyond the one (official academic record) the director found met. AAO held petitioner failed to meet three required criteria for exceptional ability and thus did not reach Dhanasar waiver analysis.