Published AAO appeal decisions

A mechanical engineer and project manager with an advanced degree proposed continuing infrastructure work in energy and oil-gas sectors. The AAO found substantial merit but rejected national importance because his work would not extend beyond clients with broader implications, and he made impermissible material changes to his endeavor.

A controls engineer sought NIW for EB-2 under Dhanasar to advance Industry 4.0 manufacturing modernization. The AAO found him not well-positioned to advance the endeavor, lacking Ph.D. credentials, demonstrated influence in the field, and evidence of interest from relevant parties beyond his employer.

An automotive company petitioned to employ a process controls engineer under EB-2 NIW, claiming the EV battery assembly work has national importance. The AAO dismissed the appeal, finding the proposed endeavor lacks national importance under Dhanasar's first prong, as impact appears limited to employer and immediate business partners rather than industry-wide.

Mechanical engineer employed in advanced driver assistance systems sought national interest waiver. AAO held proposed endeavor lacked sufficient concrete examples of broad impact and petitioner did not establish ownership of intellectual property or impact beyond specific employer, failing the substantial merit and national importance prong.

Research engineer with mechanical engineering doctorate sought EB-2 NIW for HVAC&R systems research. AAO found the proposed endeavor has substantial merit and national importance but dismissed appeal because petitioner failed to show he is well positioned to advance it without his current employment, lacking independent funding and demonstrating field adoption.

An automotive manufacturer petitioned for EB-1A classification for a motorsports aerodynamics engineer. The petitioner claimed published material, original contributions, and high salary. The AAO found the publication not sufficiently authoritative, citations not demonstrable as significant, and wage comparisons not appropriately benchmarked, dismissing the appeal.

An industrial engineer with a doctorate in transportation engineering sought an EB-2 national interest waiver for predictive maintenance research. The AAO dismissed, finding the petitioner failed to demonstrate she was well positioned to advance the proposed endeavor despite meeting the first prong.

A mechanical engineer sought a national interest waiver for an EB-2 employment-based petition. The AAO dismissed the appeal, finding the petitioner failed to establish that the proposed thermal management research endeavor has national importance, the first Dhanasar prong required for waiver eligibility.

Metal fabrication Project Procurement Manager seeks NIW for EB-2 classification. Petitioner claimed endeavor modernizes U.S. infrastructure and bridges. AAO dismissed appeal, finding endeavor has substantial merit but lacks national importance because impact is limited to specific clients and projects, not the broader metal fabrication or construction industry.

An employer petitioned for a quality assurance manager in aerospace manufacturing, seeking EB-2 advanced degree classification with a national interest waiver. The service center denied it. The AAO dismissed the appeal, holding the endeavor lacked national importance because its impact was confined to the employer and economic benefits were too attenuated, so other prongs were not reached.

A global vehicle manufacturer petitioned for a vice president of vehicle engineering to receive extraordinary ability classification. The AAO found the beneficiary did not meet the awards, membership, or high salary criteria and failed the final merits determination, concluding insufficient evidence of sustained national or international acclaim.

An employer petitioned for a national interest waiver for an EB-2 advanced degree professional working on sustainable semiconductor lithography systems. The AAO agreed with SCOPS that while the beneficiary's work has substantial merit, the petitioner failed to demonstrate its national importance; benefits limited to specific employer and field importance alone do not satisfy the first Dhanasar prong.

A mechanical engineer sought EB-2 NIW for advanced manufacturing systems. Between filing and appeal, he materially changed his proposed endeavor to intelligent road-signaling systems. AAO dismissed, holding petitioner failed to establish substantive nature of work he proposes and cannot remedy filing deficiencies with materially different evidence on appeal.