Published AAO appeal decisions

A civil engineer sought extraordinary ability classification, initially claiming seven criteria. The director found two satisfied. The AAO withdrew the published material finding, rejected membership, original contributions and high salary, treated other criteria as waived, and dismissed because fewer than three criteria were met and acclaim was not shown.

Civil engineer and construction manager seeking EB-2 advanced degree with national interest waiver to develop innovative construction technologies and disaster-resilient infrastructure. Proposed endeavor has merit but lacks national importance. AAO dismissed because evidence shows only positive career impact, not broader national or industry significance; petitioner conflated importance of profession with importance of specific proposed endeavor.

A civil engineer sought EB-2 NIW status to establish an asphalt and paving consulting firm in Vermont offering training and management services. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance because it would not extend beyond local clientele to impact the construction industry broadly.

Self-petitioner water resources engineer sought EB-1A extraordinary ability. AAO affirmed denial, finding petitioner met only two of ten criteria (articles and judging) and failed to establish national or international acclaim or standing among top percentage of field despite research contributions.

Civil engineer with advanced degree and prior research experience in China seeks EB-2 with national interest waiver for senior engineering position in geotechnical research. AAO affirmed denial because proposed endeavor, though meritorious, lacks national importance; impact confined to employer and engineer rather than broader industry significance.

Civil engineer and entrepreneur sought NIW for EB-2 to operate construction management company focused on sustainable projects. AAO dismissed appeal, finding proposed endeavor lacks national importance and petitioner not adequately well-positioned to advance it, despite working in important field.

Surveyor seeking NIW for surveying services consulting company. Argued endeavor addresses national surveyor shortage and supports construction industry. AAO dismissed appeal, finding proposed endeavor lacked national importance despite industry challenges; specific endeavor insufficient to establish broader implications.

Urban planner with foreign advanced degrees in architecture and sustainable urban planning seeks EB-2 NIW classification. Petitioner met advanced degree professional standard and Director found substantial merit, but failed national importance prong. Decision held that creating 15-minute cities at specific location lacks broader field implications or national-level significance required by Dhanasar.

Self-petitioner civil engineer and entrepreneur seeks EB-2 NIW for construction management and consulting company. AAO held proposed endeavor lacks national importance under Dhanasar because business plan shows no prospective impact beyond specific company clients or broader field implications, insufficient to demonstrate substantial positive economic effects.

Civil construction project manager with master's degree proposes Florida-based residential and commercial remodeling company. AAO dismissed the national interest waiver appeal, finding the business plan lacked documented evidence of prospective impact beyond serving specific clients or employees, and projected revenues and job creation were insufficient to demonstrate national importance.

Civil engineer entrepreneur seeking NIW for engineering consulting and project management company. Claimed national importance based on construction industry significance and infrastructure projects. AAO affirmed denial, finding that one business's revenue and job creation insufficient for national impact; industry importance does not establish individual venture's national importance.

An applied mathematics and structural engineering researcher with a master's degree seeks NIW. Claimed all three Dhanasar prongs. The AAO held all three prongs met: the research endeavor has substantial merit and national importance; the petitioner's education, experience, and research accomplishments position him to advance the work; and the waiver benefits the United States.

Civil engineer and project manager seeks NIW for EB-2 classification to offer project management consulting for construction and infrastructure projects. AAO dismissed appeal, finding the proposed endeavor lacks sufficient national importance; record does not establish substantial economic effects or job creation at required scale despite general industry importance.

Civil engineer sought EB-2 with NIW. AAO found substantial merit in proposed consulting endeavor but no national importance; specific endeavor lacks broader implications despite importance of engineering field; engineer shortage alone insufficient.

Civil engineer seeking NIW for screen enclosure construction company in Florida. Claimed national importance through sustainable housing innovation and worker training. AAO held endeavor lacks national importance because it benefits only customers and lacks broader field implications, and training claims were unsupported speculation.

A civil engineer in water and sewer infrastructure sought an EB-2 national interest waiver to consult on green practices for private and public entities. The AAO dismissed the appeal, finding the proposed consultancy work, while meritorious in the field, lacks national importance because it would impact only specific clients rather than advancing the field broadly.

A civil engineer in construction sought EB-2 classification and a national interest waiver for a consulting company. The AAO affirmed denial because the proposed endeavor lacked national importance; work would be limited to individual clients without broader field implications.

Architect seeking NIW for EB-2 to work as project manager in civil engineering and construction. Petitioner claimed endeavor would provide substantial economic benefits through labor, materials, and employment. AAO held endeavor lacks national importance; generic industry reports insufficient; no empirical projections demonstrate national-level economic effects.

A civil engineer sought NIW to operate a construction and sustainability consulting company. The AAO dismissed the appeal, finding substantial merit but no national importance; claimed worker shortage and industry importance insufficient without evidence of this specific endeavor's projected economic impact or broader field implications.

Civil engineer with foreign advanced degree seeking EB-2 national interest waiver for proposed dredging business. AAO found engineer qualifies for EB-2 but proposed endeavor lacks national importance because evidence shows only localized effects without broader field or regional implications required by Dhanasar framework.

Environmental engineer with advanced degrees sought NIW for sustainable development endeavor in waste and plastics management. AAO affirmed denial, finding insufficient evidence that the specific proposed endeavor has national importance or broader impact on the field, despite acknowledging its potential merit.

Civil engineer with advanced degree seeking EB-2 NIW. Although qualified for underlying EB-2 classification, petitioner failed to establish national importance of proposed endeavor; typical occupational duties and industry importance insufficient to meet Dhanasar first prong.

A civil engineer and project manager sought EB-2 advanced degree classification and national interest waiver. USCIS found him qualified for EB-2 but the AAO held his proposed construction project management endeavor lacked national importance under the first Dhanasar prong because it would not extend beyond his clients to impact the field or economy broadly.

Construction manager holding advanced degree sought EB-2 with NIW to own construction company. AAO dismissed because proposed endeavor lacks national importance: business plan shows only four hires and limited regional scope, insufficient to demonstrate substantial positive economic effects or mitigation of housing shortage at national level.

A civil engineer with experience in metal scaffolding and building support structures sought EB-2 national interest waiver. The AAO affirmed denial, finding the proposed endeavor—continuing civil construction work and training employees—lacked the prospective national impact required by Dhanasar's first prong.