Published AAO appeal decisions

An electrical engineering consultant seeking a national interest waiver for EB-2 classification to enhance U.S. energy resilience through microgrid development. AAO affirmed denial, finding the proposed endeavor lacked national importance because impacts were limited to specific clients rather than demonstrating broad national effects.

Self-petitioner, electrical engineer with Ph.D., seeks national interest waiver for EB-2 to develop computer-aided design tools for IC packaging design. Petitioner holds advanced STEM degree but failed to establish being well-positioned to advance proposed research; lacked specificity linking past work to endeavor and did not demonstrate field impact or funding generation comparable to precedent.

An avionics specialist sought EB-2 exceptional ability classification together with a national interest waiver. The AAO dismissed the appeal because he did not show ten years of full-time experience with reliable evidence, so he lacked the underlying classification and the waiver analysis was not reached.

Electrical engineer in semiconductor power electronics sought EB-1A classification. Petitioner met three evidentiary criteria including scholarly articles, high salary, and judging work. However, AAO dismissed appeal because evidence did not demonstrate sustained national or international acclaim necessary to establish placement among the small percentage at the field's very top.

Postdoctoral candidate in electrical engineering with Master's degree sought EB-2 NIW for research in machine learning applications. AAO affirmed Service Center denial, finding endeavor has national importance but petitioner is not well positioned to advance it, lacking sufficient evidence of field influence or relevant party interest.

An electrical engineering Ph.D. candidate sought EB-2 national interest waiver for research on power electronics for renewable energy. The AAO dismissed the appeal, finding the endeavor had substantial merit and national importance but the petitioner failed to demonstrate she was well positioned to advance it via her research record and impact.

An electrical engineer sought EB-2 national interest waiver. The AAO found petitioner established substantial merit but failed to demonstrate that the specific proposed endeavor of providing engineering services had national importance under the Dhanasar framework. Lacking prospective impact evidence, the petition was dismissed without reaching remaining prongs.

Engineer seeking NIW for electrical engineering consulting startup. Petitioner claimed endeavor had national importance for energy systems and sustainability. AAO dismissed motion, finding articles showed field importance but not specific endeavor impact or prospective national significance.

A chemical engineer in nondestructive testing sought EB-1A classification. On motion to reconsider, he disputed the dismissal of his appeal without presenting new evidence or facts. The AAO found he failed to establish three required criteria and upheld the dismissal.

Electrical engineer proposing specialized consulting company seeking EB-2 with NIW. AAO affirmed underlying EB-2 eligibility but dismissed appeal, finding proposed endeavor lacks national importance despite focus on modernization and sustainability.

Electrical engineer seeking EB-2 with national interest waiver. Claimed advanced degree based on bachelor's plus five years foreign experience and proposed AI-driven manufacturing modernization. AAO dismissed because foreign employment documentation was insufficient and proposed endeavor lacked demonstrated national importance beyond local economic activity.

An electrical engineer with an MBA sought EB-2 classification and NIW for a consulting firm offering process safety and sustainable energy services. The proposed endeavor lacks national importance; it does not extend beyond the petitioner's employer and clients to impact the field broadly or employ disadvantaged workers.

Electrical engineer claiming EB-2 with national interest waiver. AAO agreed first prong met but found petitioner failed to demonstrate she was well positioned to advance proposed research endeavor, lacking evidence of grant funding, significant research impact, or specific future plan. Appeal dismissed.

Electrical engineer sought EB-2 with national interest waiver to work as independent contractor in automotive manufacturing. AAO held proposed endeavor lacks national importance because evidence does not show broader field implications, job creation potential, or substantial economic benefits beyond individual work.