Published AAO appeal decisions

A semiconductor manufacturer sought to employ a component design engineer under the EB-2 advanced degree classification with a labor certification. The case is not an NIW. The service center found the beneficiary lacked a required skill, and the AAO withdrew that decision and remanded for review of recruitment materials.

A component design engineer was sponsored by a programmable logic device manufacturer under the EB-2 advanced degree category with a labor certification, not a national interest waiver. The service center denied for missing skills. The AAO withdrew that decision and remanded for review of successor-in-interest status, advertising evidence and qualifying experience.

A utility company seeks NIW for electrical engineer to advance cybersecurity efforts. AAO affirmed denial because the record failed to establish national importance of the beneficiary's specific proposed endeavor; general importance of utility operations and cybersecurity does not satisfy Dhanasar first prong.

An electrical engineer sought EB-2 classification with a national interest waiver. The AAO dismissed because the record did not establish she held an advanced degree. She had completed only part of a Ph.D. program and provided no official academic record or proper translation certification. Without satisfying the underlying EB-2 qualification, the Dhanasar prongs were not addressed.

Semiconductor foundry petitions for electrical engineer beneficiary under EB-2 with national interest waiver. Beneficiary holds master's equivalent degree. AAO upheld denial: petitioner failed to establish national importance of specific proposed endeavor under Dhanasar first prong; industry importance insufficient without defined project scope and prospective impact.

Electrical and computer engineer with master's degree seeks NIW for research refining silicon carbide process integration for semiconductor devices. AAO held petitioner failed both Dhanasar prongs: endeavor lacked demonstrated national importance and petitioner was not well-positioned to advance it without employer resources or documented funding.

Electrical engineer sought EB-2 NIW. AAO withdrew SCOPS denial and remanded. Petitioner established substantial merit and national importance of proposed research and that he is well positioned to advance it through education, experience, and expert support. SCOPS must reconsider whether balancing factors favor waiving job offer requirement.

A systems engineer sought a national interest waiver for EB-2 classification. The AAO dismissed, finding the petitioner failed to establish the national importance of the proposed consulting endeavor under the first Dhanasar prong, with broad claims and formulaic support letters lacking credibility.

A researcher with a master's degree in electrical engineering sought EB-2 NIW for research in wireless charging technology for smartphones. The AAO confirmed the advanced degree requirement and substantial merit but rejected the petition because uncorroborated expert assertions about national importance were insufficient; the technology's impact was limited to employer, licensees, and customers, not national impact.

Senior hardware engineer at semiconductor company seeks EB-2 NIW with advanced degree. Petitioner conceded substantial merit but AAO rejected national importance, finding evidence conflated field importance with specific endeavor impact. No demonstration of innovations extending beyond employer or broader industry impact.

A power and automation technologies company sponsored an engineer for EB-2 classification with a national interest waiver. The AAO found his work on maritime vessel electrification lacks national importance. Although general government programs support electrification, the engineer's specific proposed endeavor was not established to impact these initiatives or benefit the field broadly.

Integrated circuit design engineer specializing in semiconductors sought EB-2 advanced degree and NIW. AAO found proposed endeavor has substantial merit but lacks national importance; working in critical field insufficient without evidence of specific endeavor's prospective impact.

An employer petitioned for a national interest waiver for an engineer working in the electric vehicle sector, who holds an advanced degree. The AAO dismissed the appeal, finding the endeavor had substantial merit but that national importance was not shown, since the evidence stressed industry importance rather than the specific endeavor's impact.

Semiconductor company petitioning for beneficiary as EB-2 professional with advanced degree for graphics and compute product optimization research. Director found endeavor of substantial merit and national importance but beneficiary lacks advanced degree (Ph.D.) and demonstrated track record of success in proposed research area, failing second prong.

A company petitioned for an industrial automation specialist seeking EB-2 exceptional ability classification with a national interest waiver. The service center denied it and dismissed a motion to reconsider. The AAO dismissed the appeal because the petitioner addressed the original denial, not errors in the motion dismissal, and tried to materially change the petition.

Electrical engineer sought EB-2 national interest waiver to work without labor certification. Petitioner claimed his endeavor had national importance through economic growth. AAO held the record showed insufficient evidence of impact beyond the specific employer and clients, lacking broader implications required by Dhanasar.

Electrical engineer sought EB-2 with national interest waiver. Claimed his electromagnetic compatibility testing and aircraft lightning protection work had national importance. AAO dismissed, finding petitioner showed field importance but not how his individual work would have broader implications or substantial economic effects as required.

Technology company petitioned for embedded systems architect with advanced degree; sought NIW for EB-2. AAO sustained appeal, finding proposed endeavor in motor controls and EV charging has national importance, beneficiary well-positioned to advance it, and waiver benefits the US based on track record and critical STEM contributions.

Electrical and automation engineer seeking EB-2 with NIW to work in petroleum industry. Argued national importance exceeds prior Dhanasar petitioner and challenged impact standard. AAO affirmed denial: field importance does not establish national importance of specific endeavor; petitioner does not qualify as advanced degree professional due to insufficient documented work experience.

A plastic packaging manufacturer petitioned for a beneficiary seeking EB-2 NIW classification as an advanced degree professional or individual of exceptional ability. The AAO upheld the denial, finding the beneficiary lacked five years progressive post-baccalaureate experience for advanced degree status and failed to meet at least three criteria for exceptional ability. NIW was moot.

Electrical engineer sought EB-2 with national interest waiver. Initially described endeavor as continuing work in manufacturing; later added new business launch and service company plans. AAO held petitioner provided inconsistent and materially changed information about proposed endeavor; national importance not demonstrated; first prong failed.

Electrical engineering researcher employed in semiconductor development sought NIW for EB-2 classification. Petitioner claimed three Dhanasar prongs. AAO sustained appeal, finding proposed next-generation semiconductor research has national importance, petitioner is well-positioned to advance it, and waiver benefits U.S. interests.

Electrical engineer seeking EB-2 with national interest waiver. AAO affirmed denial because petitioner failed to establish EB-2 eligibility and, independently, failed the first Dhanasar prong by not demonstrating his specific proposed endeavor has national importance.

Research associate in electrical and computer engineering conducting NSF-funded research on miniaturized robots for cardiovascular treatment and underwater systems. AAO sustained appeal, finding he satisfied all three Dhanasar prongs: national importance established, well positioned via publications and grants, and contributions sufficiently valuable to benefit the United States.

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.