Published AAO appeal decisions

An aircraft maintenance technician seeks EB-2 classification with a national interest waiver based on exceptional ability. The AAO affirmed dismissal, finding the petitioner failed to demonstrate exceptional ability because his qualifications are typical for an experienced maintenance technician and he lacks recognition for achievements by the broader industry.

Mining technician seeking NIW for advanced-degree EB-2. AAO found petitioner failed to establish EB-2 underlying qualification and, separately, failed to demonstrate national importance of specific mining engineering services endeavor despite industry-wide significance. Appeal dismissed on both independent bases.

Industrial engineer with advanced degree seeking EB-2 with national interest waiver to establish engineering consulting business. AAO dismissed because proposed endeavor has substantial merit but lacks national importance—work benefits specific clients and supply chain but lacks broader industry impact required by Dhanasar.

Mechanical engineer seeks NIW for project management work through established company. AAO found EB-2 advanced degree eligibility unestablished due to unclear concurrent employment and insufficient experience documentation. Also held proposed endeavor lacks national importance without evidence of broader industry or supply chain impact.

Thermal R&D engineer with Ph.D. in mechanical engineering sought EB-2 advanced degree professional classification with NIW. AAO affirmed Director's finding that proposed research has substantial merit but lacks national importance. Letters and industry reports insufficient without specific evidence of broader field impact or national implications.

Manufacturing technician seeking EB-2 exceptional ability with NIW. AAO affirmed director's finding petitioner failed to establish advanced degree or meet three of six exceptional ability criteria; lacked sufficient experience documentation. NIW analysis not reached. Appeal dismissed.

A mechanical engineer seeks EB-2 national interest waiver to work as construction manager in oil and gas sector. The AAO found substantial merit but no national importance, as the work lacks prospective impact beyond the employer and clients to broader industry implications.

A mechanical engineer sought NIW classification for research on ocean energy conversion using vortex-induced vibration. The AAO affirmed dismissal, finding the proposed research had substantial merit and national importance but the petitioner failed to demonstrate he was well-positioned to advance it despite his advanced degree.

An aircraft maintenance technician self-petitioned for EB-2 exceptional ability classification and a national interest waiver. The appeal was dismissed after the AAO withdrew the earlier finding on the ten-year experience criterion, leaving fewer than the three required criteria. The final merits and waiver questions were therefore not decided.

Petroleum engineer sought NIW for EB-2. He proposed employment in oil and gas engineering services, claiming national importance based on industry growth. AAO held his specific endeavor lacked national importance because it demonstrated no substantial economic impact or job creation benefit beyond prospective employers.

Mechanical engineering technical specialist sought EB-1A extraordinary ability. Initial petition denied; appeal summarily dismissed for insufficient argumentation. Petitioner filed six subsequent motions to reopen and reconsider, all dismissed. AAO found no new facts or proper cause warranting reopening.

Mechanical engineer sought NIW for self-directed endeavor in product development and quality management. AAO held the proposed endeavor lacks national importance because it serves only the employer and clients, not the broader nation, and general industry importance does not establish specific endeavor importance under Dhanasar.

Aerospace technology specialist in air transportation modeling claiming extraordinary ability. Met scholarly articles and judging criteria but failed membership, original contributions, and leading role criteria. Only two of ten criteria established despite claiming four additional. Appeal dismissed for insufficient evidence of top-tier recognition.

A licensed professional engineer in HVAC systems sought EB-1A classification. AAO dismissed appeal, finding petitioner met only the published material criterion but failed to establish three or more criteria or sustained national acclaim needed for extraordinary ability classification.

A printing engineer specializing in flexographic technology sought extraordinary ability classification, claiming six criteria. The AAO found only one satisfied, rejected two, treated two as abandoned and reserved one. Lacking three criteria, the appeal was dismissed, and the Director's willful misrepresentation finding was withdrawn.

Engineering manager in aerospace field seeking EB-1A extraordinary ability classification. Met judging criterion but evidence of impact contradictory; innovations limited to employer company without proven broader industry adoption. AAO dismissed because overall evidence insufficient to demonstrate sustained national or international acclaim required for extraordinary ability.

Marine engineer sought EB-2 classification and national interest waiver. AAO affirmed dismissal because proposed endeavor lacked national importance, affecting only employer and specific projects rather than the broader marine engineering field or national economy.

Engineering project manager seeking NIW. Appeal dismissed because petitioner failed to establish eligibility for underlying EB-2 classification; credential evaluation did not comply with regulatory requirements and did not demonstrate academic equivalency of foreign education.

A mechanical and aerospace engineer with Ph.D. sought national interest waiver for EB-2. The AAO found his proposed research had substantial merit and national importance. However, he failed to demonstrate he was well positioned to advance the research because his education alone was insufficient and citation statistics and letters did not show personal research impact on the field.

Journeyman power lineman claimed exceptional ability and national interest waiver under EB-2. AAO found petitioner met only one of six exceptional ability criteria; lacked official academic records from qualifying institutions and failed to meet salary or recognition standards.

Structural engineer seeking NIW as assistant professor and researcher. Proposed endeavor materially changed after filing from researcher role to professor-researcher hybrid; national importance not established; petitioner failed to address director's conclusions on appeal.

Mechanical engineering researcher sought EB-2 national interest waiver for postdoctoral research position in aerospace technology. Qualifies as advanced degree holder but failed to establish national importance of proposed endeavor. Record did not demonstrate how technology advances broader field or has meaningful economic implications.

Maintenance and renovation engineer qualified as advanced degree professional sought national interest waiver. AAO dismissed appeal because petitioner failed to demonstrate national importance of proposed maintenance services endeavor under Dhanasar first prong; work did not show broader implications or substantial economic benefits.

An aerospace engineer sought national interest waiver. AAO found the proposed endeavor had substantial merit and national importance, but the petitioner failed the second prong because his research lacked demonstrated field impact, his role in funding was unclear, and his work showed no record of progress in advancing space research.

Flight simulator engineer sought EB-2 classification and national interest waiver. AAO remanded because Director failed to adequately analyze underlying EB-2 eligibility and did not apply Dhanasar framework to NIW claim despite beneficiary identifying specific proposed endeavor.