Published AAO appeal decisions

A civil engineer proposed research on traffic safety analysis methods. The AAO held the specific endeavor lacks national importance despite relating to a valued field; the endeavor did not demonstrate broader field impact or prospective significance required by Dhanasar's first prong. Appeal dismissed.

Industrial engineer sought EB-2 national interest waiver for project engineer role. Petitioner is advanced degree professional but failed first Dhanasar prong: proposed endeavor lacks national importance despite alignment with environmental priorities and cost reduction potential on individual projects.

Civil engineer holding advanced degree sought EB-2 NIW. SCOPS granted advanced degree qualification but denied waiver for lack of national importance. AAO affirmed: petitioner showed merit of field and his capability to advance work but failed to establish specific proposed endeavor has broader implications or national importance needed under Dhanasar first prong. Appeal dismissed.

A postdoctoral researcher in civil engineering met three evidentiary criteria but failed the final merits determination. The AAO found his peer review service, citations, and scholarly articles reflected expertise but not sustained national or international acclaim required for extraordinary ability classification. The record did not demonstrate he reached the very top percentage of the field.

Civil engineer specializing in highway design and BIM/3D modeling seeks NIW for EB-2. AAO dismissed appeal, holding specific proposed endeavor lacks national importance; expertise in already-adopted technology and general field importance do not establish national importance.

Civil and environmental engineer proposes infrastructure and sustainability research advancement. AAO held first prong met but second prong not met; petitioner's publications and citations lack evidence of implementation, government funding, or demonstrated progress toward advancing the specific proposed endeavor.

Civil engineer sought EB-2 NIW for concrete innovation solutions in wet areas and flood zones. SCOPS found national importance but AAO disagreed and reserved that issue. Appeal dismissed because petitioner failed second prong: bachelor's degree insufficient, unsupported conclusory letters, no demonstrated partnerships or customer interest.

Environmental engineering analyst sought EB-2 NIW for digital platform using hyperspectral imagery and machine learning for environmental data. AAO dismissed appeal, finding proposed endeavor lacks national importance; speculative economic benefits and sole self-employment insufficient.

Structural engineer consultant seeks EB-2 with national interest waiver. Petitioner holds advanced degree and meets substantial merit requirement. However, proposed endeavor lacks national importance because partnerships undefined, events unspecified, and projected creation of twenty jobs insufficient. Proposed business does not demonstrate broader field impact or substantial economic effects. First Dhanasar prong not satisfied; appeal dismissed.

A researcher in sustainable building and construction proposes to advance climate-resilient environmental research through peer publication and conferences. AAO held the proposed endeavor lacks national importance under Dhanasar's first prong because the record shows only ordinary research activities similar to all other researchers, without evidence of broader field impact or adoption by decision-makers.

A construction manager with advanced degree sought EB-2 NIW classification. The AAO affirmed dismissal, finding the record demonstrated the specific endeavor had substantial merit but lacked evidence of national importance. Letters and documents addressed the petitioner's skills, not the endeavor's national implications or economic benefits.

Construction manager and civil engineer sought EB-2 NIW. AAO dismissed the fifth motion to reopen and reconsider on procedural grounds: petitioner failed to establish new facts warranting reopening or show erroneous law or policy application. Merits were not addressed.

Surveyor seeking EB-1A for extraordinary ability in geodetic and survey networks. Met judging and scholarly articles criteria. AAO affirmed SCOPS finding that original contributions and leading critical roles criteria unmet. With only two criteria satisfied, threshold not reached; final merits determination declined.

Masonry and stone restoration specialist with advanced degree equivalent sought NIW for sustainable historic preservation work. Remanded because SCOPS did not determine if proposed job requires advanced degree professional and failed to explain national importance finding adequately.

A civil engineer researcher seeks NIW for EB-2 to continue research on earthquake-resistant geotechnical systems in the U.S. AAO found the endeavor has substantial merit but lacks national importance; no evidence showed broader implications for related industries or nationally significant STEM advancement.

Environmental engineer claimed six criteria for extraordinary ability. AAO affirmed judging and scholarly articles criteria but rejected membership, published material, and original contributions. No evidence of sustained national or international acclaim or top-tier status required for EB-1A classification.

Environmental engineer claims NIW eligibility for research on water treatment and scale formation processes. AAO held proposed endeavor lacks sufficient national importance despite substantial merit; citations and industry reports insufficient to establish specific prospective impact at national level.

A seismic structural engineer with advanced degrees seeks EB-2 national interest waiver. The AAO found the proposed endeavor had substantial merit and national importance but concluded the petitioner was not well-positioned to advance it because current employment focused on unrelated work, and the balance did not favor waiver.

A civil engineer self-petitioned for EB-1A extraordinary ability claiming five criteria. The AAO affirmed that only two criteria were met and dismissed because petitioner failed to demonstrate the extraordinary ability standard requiring sustained national or international acclaim at the very top of the field.

Structural engineer self-petitioner sought NIW for EB-2 based on sustainable construction and project management services. AAO affirmed Service Center denial, finding the specific endeavor lacked national importance despite working in an important field; modest scope and unsubstantiated economic projections insufficient.

Industrial engineer and entrepreneur proposed engineering consulting business in Florida focused on sustainability and efficiency. Petitioner failed to demonstrate national importance despite sustainability framework; modest employment projections and vague project specifics lacked evidence of broader impact.

Civil engineer with doctoral research on sustainable construction materials claimed an NIW. AAO found the proposed endeavor had substantial merit and national importance, and the petitioner was well-positioned to advance it, but rejected the waiver because evidence did not establish the national interest was sufficiently urgent to bypass labor certification.

An engineer with a master's degree sought EB-2 classification with national interest waiver for research on enhancing concrete strength using wastewater byproducts. The AAO dismissed, finding the proposed endeavor lacks national importance: it remains confined to a single employer with no demonstrated broader implications for the field or nation.

Civil engineer and construction manager proposes to establish a consulting firm specializing in infrastructure and project management across transportation, healthcare, energy, and commercial real estate sectors. AAO held the endeavor lacks national importance because petitioner failed to demonstrate substantial prospective economic effects beyond typical industry scope.

Cost estimator seeking NIW for position on EV battery plant projects. Claimed national importance based on EV industry significance and clean energy priorities. AAO dismissed because specific endeavor as cost estimator lacks national importance; industry importance and personal role value insufficient; no evidence of original innovations or broader prospective impact.