Published AAO appeal decisions

Aircraft marketing company sponsoring aircraft design engineer for EB-2 national interest waiver. Beneficiary would perform engineering on passenger-to-ambulance and passenger-to-freight aircraft conversions. AAO affirmed denial, finding endeavor has substantial merit but lacks national importance because record does not show broader industry implications, specific employment details, or sufficient positive economic effects beyond company operations.

Mechanical engineer employed by company seeks national interest waiver for EB-2 classification. Petitioner claimed his mechanical engineering work for automotive manufacturers would have national importance. AAO dismissed appeal, finding insufficient evidence that the specific proposed endeavor has national importance or substantial economic effects, failing the first Dhanasar prong.

Mechanical engineer with Ph.D. seeking EB-2 national interest waiver. Petitioner held advanced degree but failed to establish substantial merit and national importance of proposed endeavor under Dhanasar framework. AAO dismissed because petitioner did not differentiate proposed research from past work or demonstrate prospective impact.

An employer petitioned for an engineer to receive EB-1A extraordinary ability classification. The beneficiary met two of ten criteria (judging and scholarly articles). On appeal, the AAO held the beneficiary failed to meet the required three criteria threshold because contributions lacked demonstrated major significance and sustained acclaim in the field was not established.

A medical device company sponsored a mechanical R&D engineer for EB-2 exceptional ability classification. This was not a national interest waiver case, and no waiver was requested. The AAO dismissed the appeal because the labor certification and offered wage did not show the position needs a person of exceptional ability.