Published AAO appeal decisions

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.