Published AAO appeal decisions

A postdoctoral researcher in geological sciences with Ph.D. sought NIW for AI-enabled subsurface prediction framework for carbon capture. AAO dismissed because the applicant failed to demonstrate the specific proposed endeavor has national importance; general field importance and employer benefits insufficient without showing broader prospective impact.

A drilling engineer with an advanced degree sought an EB-2 national interest waiver for a predictive maintenance project. The AAO found the endeavor has substantial merit but lacks demonstrated national importance beyond the employer and immediate business partners, failing the first Dhanasar prong. The appeal was dismissed without reaching the second and third prongs.

Applicant with political science and public administration degree seeking NIW for supply chain management in oil and gas. AAO dismissed appeal on two independent grounds: educational training not tied to proposed endeavor and advanced degree requirement not established; additionally, Form I-290B and Form G-28 lacked valid original signatures.

Oil and gas completions specialist seeks NIW under EB-2 with advanced degree. Proposed AI-enabled endeavor aligned with federal supply-chain policies. AAO dismissed appeal, finding substantial merit but no demonstrated national importance; company-specific savings lack broader industry implications required by Dhanasar.

A franchise owner in solar and EV charging installation sought EB-2 national interest waiver. Underlying advanced degree qualification was established, but the Dhanasar framework analysis failed at the first prong. The AAO found his specific endeavor lacked national importance despite the importance of the solar and EV sectors generally; benefits were localized to small subsets. Appeal dismissed.

A clean energy specialist sought EB-2 national interest waiver as advanced degree professional. AAO agreed underlying EB-2 eligibility was met but found proposed endeavor had substantial merit but not national importance under Dhanasar. Petitioner showed only local economic potential, not broader prospective national impact. Appeal dismissed.

Energy policy analyst with master's degree sought EB-2 with national interest waiver to research energy policy reforms. The AAO dismissed the appeal because the petitioner failed to establish the proposed endeavor has national importance, lacking concrete evidence of economic impact, employment creation, or differentiated methodology from existing research.

A petroleum engineer with master's degree in sustainable energy sought NIW for EB-2, planning to join an oil-gas company or establish a consulting firm. The AAO dismissed appeal after finding proposed endeavor in energy optimization and well integrity lacks national importance. Alignment with federal energy priorities and professional qualifications insufficient without concrete prospective impact.

A global operations and maintenance manager sought a national interest waiver under EB-2 for an advanced degree to implement lifecycle facility management systems for energy sectors. The AAO dismissed the appeal, finding her proposed endeavor lacked demonstrated national importance despite work in a prioritized industry.

A doctoral student in earth and environmental science sought EB-2 exceptional ability classification and a national interest waiver. The AAO dismissed the appeal because the petitioner did not show three exceptional ability criteria or expertise significantly above peers, and it reserved the waiver question without deciding the Dhanasar prongs.

A chief executive with advanced electrical engineering degree sought EB-2 national interest waiver to start an energy efficiency consulting business. The AAO rejected the petition, finding the proposed endeavor lacked national importance. Working in renewable energy alone does not establish national importance; the specific business must show broader prospective economic impact beyond serving individual clients.

Electrical engineer sought NIW for research on power grid efficiency and sustainability. AAO dismissed appeal because proposed endeavor lacks national importance despite alignment with climate goals, and evidence demonstrates past qualifications rather than prospective impact of specific proposed work.

Engineer self-petitioned for EB-2 national interest waiver to develop machine-learning forecasting models for renewable energy. AAO found proposed endeavor has national importance but petitioner not well positioned to advance it. Matter remanded for reconsideration after petitioner provides additional evidence of demonstrated success in similar work.

A Ph.D. student in petroleum engineering sought NIW claiming research in energy storage advances national interest. AAO found the endeavor has substantial merit and national importance but rejected the petition because the applicant failed to show sufficient progress, citation record, or field interest to demonstrate being well-positioned to advance the proposed research.

Chemical engineer with Ph.D. seeks NIW for renewable synthetic fuels research under Dhanasar framework. First prong met: proposed endeavor has substantial merit and national importance. Second prong failed: education alone insufficient; citations lack comparative metrics; no demonstrated record of research success at level required.

A solar power engineer and entrepreneur sought NIW to establish a company providing solar-integrated electric vehicle charging stations. AAO dismissed because the applicant failed to demonstrate national importance; supporting opinion letters lacked substantive analysis and no evidence showed significant potential for U.S. job creation or regional economic impact.

An engineer in renewable energy with master's degree in sustainable energy sought NIW for solar energy systems design. AAO affirmed denial, finding petitioner failed to demonstrate national importance of the proposed endeavor, which lacked sufficient prospective impact on the field or broader economy.

A pilot with advanced degree sought EB-2 national interest waiver for employment in pilot training and aviation. AAO affirmed denial, finding his proposed endeavor lacked national importance; being in an important industry or STEM field is insufficient without demonstrating the specific endeavor's broader prospective impact.

Registered professional engineer with MBA and metallurgical engineering degree seeks EB-2 national interest waiver in energy sector. Petitioner claimed endeavor advancing sustainable energy and strategic planning serves national interests. AAO held first Dhanasar prong unmet: proposed endeavor inadequately described, too vague; expertise above-average insufficient; general field importance does not establish specific endeavor's national importance.

A solar energy entrepreneur with business degree and twelve years in renewable energy seeks NIW of job requirement. Service center denied underlying EB-2 classification without adequate explanation or RFE. AAO remanded for proper evaluation of whether advanced degree professional status and NIW eligibility were satisfied, finding denial insufficiently reasoned.

Nanotechnology scientist in renewable energy seeking EB-2 with national interest waiver. Petitioner holds advanced degree and established proposed endeavor has substantial merit and national importance through research dissemination plans. AAO reversed SCOPS denial on first prong and remanded for analysis of remaining Dhanasar criteria.

An electro-mechanical professional in hydrocarbon extraction sought EB-2 national interest waiver to work in the petroleum industry. The AAO dismissed the appeal, holding that the proposed endeavor lacked national importance despite the industry's significance, as the petitioner failed to demonstrate broader impact beyond a specific employer.

Climate economics researcher proposed research on carbon cap-and-trade and green jobs. AAO held the proposed endeavor lacks national importance because petitioner failed to show how specific research would impact U.S. policy or economy; relying on field importance and past accomplishments insufficient.

Environmental scientist proposes to operate a waste management consultancy business. AAO held the endeavor lacks national importance; petitioner failed to demonstrate how his company would achieve national or statewide impact, provide substantial economic benefits through employment, business activity, or tax revenue.

An entrepreneur with advanced degree seeking EB-2 national interest waiver for an electric vehicle charging solutions company claimed substantial merit and national importance. The AAO found substantial merit but held the record lacks evidence showing his specific company would have prospective national impact beyond general industry importance.