Published AAO appeal decisions

Oil and gas engineer employed by major energy company, seeking EB-2 with national interest waiver. Petitioner claimed work supports energy security and economic growth through efficiency innovations. AAO found working in an important field insufficient; the specific proposed endeavor of continuing employer work lacks defined future aspirations and sufficient national or global implications.

An employer sponsored a lead EV applications engineer for EB-2 NIW classification to develop electrified axles for electric and hydrogen fuel cell vehicles. The AAO dismissed the appeal, finding the proposed endeavor lacked demonstrated national importance; work on an important product does not establish the endeavor extends beyond the employer to impact the broader industry.

Employer petitions for beneficiary as senior site reliability engineer under EB-2 with NIW, claiming role advances cloud infrastructure and U.S. technological competitiveness. AAO held endeavor has substantial merit but not national importance; beneficiary's specific contributions lack demonstrated broader impact on U.S. economy or field beyond employer.

An electronic products manufacturer sponsored an NIW petition for a beneficiary with a master's in computer science to develop AI and data analytics infrastructure. The AAO dismissed the appeal, finding while the endeavor had substantial merit, the petitioner failed to establish national importance because benefits would not extend beyond the company and its clients.

A senior site reliability engineer seeks EB-2 NIW for work in cloud infrastructure and digital entertainment. Beneficiary established advanced degree eligibility and endeavor substantial merit, but failed to demonstrate national importance of specific proposed work beyond field and employer significance.

Physician-scientist specializing in epidemiology sought EB-2 exceptional ability and NIW. Service Center found first Dhanasar prong met; AAO reversed: petitioner's vague research plan lacks specific national importance. Second prong also fails: foreign medical degree does not satisfy U.S. physician licensure; petitioner not well-positioned to advance proposed endeavor.

A healthcare manufacturing company petitioned for an EB-2 national interest waiver for a financial manager continuing existing work at a U.S. location. The AAO found the proposed endeavor lacked national importance despite STEM-related arguments and industry documentation, as neither work experience nor field shortage alone established broader impact. Appeal dismissed.

Biomedical engineer with advanced degree seeks EB-2 with national interest waiver to research neurodegenerative diseases. AAO sustained appeal, finding all three Dhanasar prongs met: research has substantial merit and national importance, petitioner well-positioned to advance it, and waiver would benefit United States.

Senior machine learning engineer seeks EB-2 with national interest waiver for software engineering research. AAO dismissed appeal, finding proposed endeavor lacked national importance; work was limited to employer interests and clients without broader implications for United States.

Software engineer with Ph.D. in electrical and computer engineering sought EB-2 national interest waiver. Director found first prong met but third prong failed. AAO affirmed first prong for research only but withdrew finding on second prong. Petitioner failed third prong: work primarily benefits employer, no evidence labor certification inappropriate, insufficient urgency. Dismissed.

Software engineer with master's degree seeking EB-2 advanced degree professional status with national interest waiver. Claimed proposed endeavor benefits field broadly with substantial economic effects. AAO dismissed appeal because specific endeavor lacks national importance and broader field implications beyond employer and customers.

Employer petitioned for senior software engineer beneficiary with advanced degree. Beneficiary proposed work on advanced computing architecture and user interface enhancements. AAO dismissed, finding proposed endeavor lacks national importance; working in important field insufficient, and no evidence of prospective impact beyond company benefiting broader economy.

Materials engineer proposed developing steel production technologies. Claimed substantial merit and national importance were established. AAO found he lacked record of success in related efforts, demonstrated no progress toward the goal, and showed no customer or investor interest, thus failing the well-positioned prong and requiring dismissal.

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.

An airline pilot seeking EB-2 classification and national interest waiver. Claimed endeavor in pilot training and mentoring had national importance. AAO held proposed work as pilot and instructor lacks sufficient prospective impact on aviation field broadly to satisfy Dhanasar's first prong; industry importance and worker shortage alone insufficient.

Petitioner sponsored lawyer beneficiary for EB-2 national interest waiver in bankruptcy and student loan law. First Dhanasar prong failed because specific endeavor lacks national importance; work limited to individual client representation without broader impact on field. Reserved remaining prongs.

A software engineer seeking EB-2 national interest waiver for digital platform work claimed national economic and security implications. The AAO dismissed, finding petitioner worked in important field but failed to establish how specific endeavor would result in broader implications or direct attribution of national impact to petitioner's work.

Assistant vice president in financial services seeks EB-2 national interest waiver. Petitioner claimed endeavor with artificial intelligence and digital technologies has national importance. AAO held substantial merit established but national importance unmet; endeavor impact confined to company and clients, lacking broader field implications required by Dhanasar.

An employer petitioned for EB-2 national interest waiver for a software engineer specializing in thermal management for electric vehicles. The AAO dismissed, finding the specific proposed work lacked evidence of broader industry or field implications rising to national importance, despite the importance of electric vehicle development and sustainability goals generally.

An employer petitions for a mechanical engineer beneficiary seeking EB-2 with national interest waiver for hardware and audio product design. The AAO affirmed the Director's finding that the specific endeavor lacked national importance; while the field involves critical technologies, the individual's specific design tasks alone do not demonstrate broader implications.

A global financial services company petitioned for an NIW for a beneficiary developing AI and machine learning solutions. The AAO dismissed the appeal, finding the beneficiary's work, though valuable to the employer, lacked broader industry implications necessary to establish national importance under Dhanasar's first prong.

Software quality assurance analyst with advanced degree sought EB-2 NIW classification. AAO held proposed endeavor lacked national importance under Dhanasar because petitioner's specific contributions were not shown to have prospective impact broader than employer or field importance generally.

Senior Electrical Test Process Engineer in battery and electrification sector sought NIW for EB-2 classification. Employer demonstrated advanced degree but failed to establish that her specific work on electrical vehicle battery testing had national importance or broader field impact beyond the employer's immediate operations.

Design release engineer for automotive company sought NIW for work on electric vehicle and autonomous vehicle systems. AAO held beneficiary's specific engineering role, though in important industry, lacks demonstrated broader implications or national importance distinct from general employer significance.