Published AAO appeal decisions

Construction engineer and sustainability specialist with 22 years experience sought EB-2 NIW. Service center approved advanced degree qualification but denied NIW. AAO dismissed because proposed endeavor lacks national importance despite substantial merit; petitioner did not show prospective national impact beyond local scope or sufficient economic benefit commensurate with national importance.

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 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 software engineer at an energy company sought EB-2 NIW for offshore infrastructure modernization work using digital-twin modeling. AAO found endeavor had substantial merit and national importance, and beneficiary was well positioned, but denied waiver because petitioner did not establish that labor certification was incompatible with the work.

Mechanical engineer seeking EB-2 NIW for renewable energy research. AAO found proposed endeavor meets first prong: substantial merit and national importance in solar power advancement. However, petitioner not well positioned to advance it; published research lacks demonstrated industry impact and no continued research documented post-degree. Appeal dismissed.

An electrical engineer sought NIW for work in renewable solar energy. AAO agreed with USCIS that the proposed endeavor has substantial merit but lacks national importance under Dhanasar's first prong. Petitioner failed to demonstrate specific methodologies, unique advances, or prospective impact beyond his employer. Appeal dismissed without reaching remaining Dhanasar prongs.