Published AAO appeal decisions

Self-petitioner, project manager and consultant in construction, sought NIW for work as project manager-consultant. Petitioner met underlying EB-2 advanced degree requirement but failed first Dhanasar prong: while construction and green building are important fields, petitioner's specific endeavor lacks national importance, affecting only specific employers rather than field or profession broadly.

Civil engineer qualified for EB-2 advanced degree sought national interest waiver for real estate development and construction company. AAO found his proposed endeavor lacked national importance under Dhanasar's first prong, as it would not sufficiently impact the field or economy beyond his immediate employers.

A transportation researcher with advanced STEM degrees proposed continuing research on modeling tools and methodologies for transportation planning. The AAO sustained the appeal, finding the endeavor has substantial merit and national importance, the petitioner is well positioned to advance it, and national interest favors the waiver.

Transportation engineer with bachelor's degree and work experience sought EB-2 with NIW. AAO found he lacked sufficient post-baccalaureate experience for advanced degree classification and his proposed traffic engineering endeavor lacked the national importance required for waiver under Dhanasar.

A civil engineer proposed a consulting business offering services to road and highway construction companies. The AAO affirmed dismissal because the petitioner failed to demonstrate that the specific endeavor has national importance under Dhanasar; describing the general importance of infrastructure and infrastructure priorities was insufficient without showing prospective impact.

Civil engineer self-petitioner claimed national interest waiver for consulting services in road and highway construction. AAO affirmed denial, finding the proposed endeavor lacks national importance despite industry merit; employment potential and economic effects remain unspecified and insufficient.

Architect and professor sought EB-2 NIW classification. Proposed to continue architectural design and teaching focused on affordable housing and construction projects. AAO dismissed, finding work lacks national importance; does not extend beyond personal projects to impact field or economy at required level.