Published AAO appeal decisions

An advanced degree professional sought EB-2 national interest waiver for work improving oil and gas extraction processes. The AAO dismissed the appeal, finding the proposed endeavor lacked substantial merit and national importance due to inconsistent and vague descriptions of specific plans and insufficient evidence of prospective economic effects.

An energy industry entrepreneur and consultant with an advanced degree sought EB-2 NIW to establish a renewable energy company in Kentucky. The AAO dismissed the appeal because the petitioner lacked probative expert evidence or government documentation demonstrating national importance or prospective impact commensurate with national initiatives.

Petroleum engineer proposes work on cost-effective, environmentally sustainable hydrocarbon recovery using digital technologies for oil and gas operators. Claimed national importance addressing U.S. energy security and sector innovation. AAO affirmed denial: statements emphasize personal expertise rather than specific endeavor scope; lacks detailed plan or evidence the work extends beyond prospective employer to impact industry broadly.

Electrical technician seeking NIW for self-employed energy management consulting company. AAO dismissed because petitioner failed first prong: generic articles on energy importance and entrepreneurship did not establish that her specific endeavor would create substantial economic impact or broadly enhance societal welfare.

Researcher in waste conversion for energy storage seeking NIW under EB-2. Claimed eligibility under Dhanasar. AAO dismissed appeal, finding petitioner not well positioned to advance proposed endeavor due to lack of business plan, documented progress, or evidence of customer or investor support.

Energy systems engineer sought NIW for solar-thermal and energy efficiency work. Lacked required DOL forms and made material post-filing changes to proposed endeavor. AAO dismissed for missing initial evidence and material changes to claimed endeavor.

An oil and gas project manager sought EB-2 classification with national interest waiver. The AAO found the petitioner qualified as advanced degree professional but held the proposed endeavor lacked national importance because the petitioner relied on industry significance rather than specific prospective impact of his individual work.

Petroleum engineer established company to provide consulting and training services in oil and gas sector. AAO affirmed denial, finding proposed endeavor lacked national importance despite substantial merit; services were confined to specific clients and workers without broader industry implications required by Dhanasar framework.

Solar energy installations manager with advanced degree seeking NIW. Claimed substantial merit and national importance of solar installation business. AAO found endeavor failed first prong because applicant did not demonstrate prospective impact extending beyond company employees and customers to broader national level.

Sustainability advisor with advanced degree seeking NIW for EB-2. AAO dismissed, finding petitioner's environmental consulting endeavor lacked national importance under first prong of Dhanasar; endeavor limited to client advisory services without broader industry implications or substantial positive national economic effects.

Economist in oil and gas industry seeking EB-2 with NIW as employee or independent consultant. Petitioner claimed expertise supports U.S. transition to cleaner energy and guides LNG companies. AAO held proposed consultancy does not extend beyond prospective employer or clientele to impact field broadly at national importance level.

A project manager seeks NIW for EB-2 proposing digital technology implementation in oil and gas to reduce emissions and support clean energy transition. The AAO dismissed, finding the endeavor lacks demonstrated national importance because evidence does not establish sufficient prospective impact beyond his client organizations.

An engineer sought NIW classification to establish a solar energy installation company. The AAO dismissed, finding the proposed endeavor lacked national importance; while installing residential, commercial, and industrial solar systems benefits the petitioner and clients, the record showed no evidence of national or global field implications or process improvements contemplated by Dhanasar.

Pipeline engineer seeks NIW for EB-2 advanced degree classification in oil and gas industry. Fails first Dhanasar prong: undefined endeavor as independent consultant or unspecified employee lacks specific national importance; importance of occupation and industry cannot substitute for documented specific endeavor impact.

A drilling engineer in oil and gas sought NIW EB-2 classification intending to continue current employment. The AAO found the engineer must define a specific endeavor and failed to establish national importance; relying on industry importance and economic ripple effects is insufficient.

Environmental compliance inspector with advanced degree sought NIW for environmental consulting company. AAO held proposed endeavor lacks national importance, existing only for potential client impact. Appeal dismissed.

Ph.D. student researching alternative energy storage technologies seeking EB-2 with NIW. AAO held all three Dhanasar prongs satisfied: endeavor has substantial merit and national importance; petitioner well positioned through education and prior work; U.S. benefits from waiver. Appeal sustained.

Environmental sustainability consultant seeking EB-2 with NIW to operate sustainable furniture consulting company. AAO held petitioner failed to establish five years progressive experience in specialty and lacks exceptional ability; national importance of endeavor not demonstrated; appeal dismissed.

Self-petitioner, production engineer in oil and gas industry, sought EB-2 advanced degree classification and national interest waiver for continuing role in industry. AAO found petitioner eligible for EB-2 but failed to demonstrate national importance of specific proposed endeavor. Appeal dismissed.

Battery cell engineer with PhD seeks NIW. AAO found Director failed to adequately analyze evidence. AAO determined petitioner established substantial merit and national importance of clean energy research, was well-positioned to advance it, and that waiver would benefit the United States.

Environmental specialist with advanced degree proposing consulting business in environmental policy. AAO affirmed Director finding that petitioner meets first Dhanasar prong but fails second prong: insufficient evidence of ability to advance the endeavor despite academic background and professional experience.

Self-employed petroleum geologist with twelve years experience seeks EB-2 NIW. Director found advanced degree qualification but denied NIW. AAO upheld denial on first Dhanasar prong, finding proposed endeavor lacks specific description and national importance; withdrew Director's finding of national importance.

Oil and gas construction specialist with master's degree sought EB-1A classification. Petitioner claimed five criteria; service center found two met (judging, scholarly articles). AAO affirmed two criteria met but found petitioner did not demonstrate extraordinary ability—lacking the sustained national or international acclaim required for the very top tier of the field.

Drill operator sought EB-2 exceptional ability classification and NIW. AAO affirmed denial because petitioner failed to satisfy three of six exceptional ability criteria under 8 C.F.R. § 204.5(k)(3)(ii); decision reserved opinion on Dhanasar NIW analysis.

An oil and gas industry consultant with advanced degree seeks NIW for EB-2 classification. He claimed his proposed consulting work would benefit the U.S. energy sector. The AAO dismissed the appeal, finding his endeavor lacked national importance and benefited only his employer and clients, not the broader industry or economy.