Published AAO appeal decisions

An aircraft technician seeks EB-2 NIW based on exceptional ability and national interest waiver. AAO found the proposed endeavor has substantial merit but lacks national importance. Although the petitioner cited aviation safety and training programs, he did not demonstrate how his specific work or training would produce broad impacts or substantial economic effects at national scale.

Industrial machinery mechanic sought EB-2 exceptional ability classification with national interest waiver. AAO found petitioner met only two of six criteria and lacked exceptional ability: professional identity card did not constitute recognized profession license; salary evidence insufficient; professional association membership unsubstantiated; achievement recognition undemonstrated. Appeal dismissed.

An automotive technician sought exceptional ability classification with a national interest waiver and filed a seventh combined motion after earlier dismissals. He submitted a revised business plan and argued the Dhanasar prongs. The AAO dismissed it because the motion did not address any error in the latest decision and attacked only the original denial.

Materials engineer seeking EB-2 with national interest waiver for supply chain optimization initiative. Petitioner holds advanced degree but failed to establish national importance of proposed endeavor; claimed scalability and broad impacts lack specific details and independent corroborating evidence.

Senior engineering program manager with advanced degree seeks NIW for research on electromechanical systems including motor design, hybrid vehicle powertrains, and aerospace monitoring. SCOPS approved advanced degree qualification and substantial merit but denied national importance. AAO upheld dismissal, finding insufficient evidence of broader field impact or economic effects rising to national importance.

Industrial engineer seeking EB-2 with national interest waiver for modular oil and gas facility modernization work. Petitioner claimed national economic and environmental benefits. AAO held proposed endeavor lacked sufficient direct evidentiary tie to claimed benefits and national importance.

An industrial engineer sought EB-2 national interest waiver for manufacturing technology in recycled composites. The AAO dismissed the appeal, finding the petitioner established national importance of the endeavor but failed to demonstrate he was well-positioned to advance it, lacking documented record of success or demonstrated customer interest.

A mechanical engineer with advanced degree sought NIW for a robotics research endeavor while employed full-time elsewhere. The AAO affirmed dismissal because the petitioner failed to establish that the specific proposed endeavor had national importance, showing only that robotics broadly benefits the field rather than demonstrating distinct national implications.

Automotive engineer sought EB-2 NIW for autonomous vehicle research and development. AAO dismissed appeal because petitioner provided only broad, general claims without a specific, detailed proposed endeavor required under Dhanasar framework.

Mechanical engineer from Brazil proposing industrial maintenance services, consulting, and workforce training business seeking EB-2 NIW. AAO found petitioner lacked five years progressive experience for advanced degree professional basis. On merits, proposed endeavor lacks sufficient documentary evidence of national importance; workforce shortage alone insufficient; no showing of significant employment or regional economic benefit.

Mechanical engineer petitioner seeks NIW for self-sponsored work on driving automation technologies. Claimed substantial merit and national importance of proposed endeavor. AAO affirmed denial, finding work lacked demonstrated national importance beyond employer and failed first prong.

Aerospace engineer and robotics researcher sought EB-2 with national interest waiver to research autonomous decision-making algorithms. The AAO found the proposed endeavor had substantial merit and national importance but dismissed the appeal because the petitioner failed to show he was well positioned to advance the research through publications with minimal citations and insufficient evidence of research impact.

Aircraft maintenance technician sought EB-2 NIW classification. Petitioner claimed exceptional ability but lacked degree of expertise significantly above ordinary in the field. Proposed endeavor for aircraft repair facility and predictive maintenance technologies lacked evidence of national importance under Dhanasar framework; impact limited to local business.

A mechanical engineer with Ph.D. equivalent seeks EB-2 national interest waiver for research improving fault diagnosis and predictive maintenance in heavy machinery. The AAO dismissed because the petitioner demonstrated substantial merit but failed to establish national importance, submitting only general background articles without sufficient evidence of prospective national-level impact.

Mining engineer sought EB-2 with national interest waiver to improve domestic mining of critical minerals through block-cave mining expertise. AAO dismissed, finding the proposed endeavor lacked national importance because evidence only demonstrated importance of the critical minerals field itself and benefits to individual companies, not broader implications for the mining industry.

Materials engineer self-petitioner sought NIW for EB-2 advanced degree. AAO affirmed dismissal because petitioner failed to establish national importance of proposed solar industry corrosion management solution; industry-wide statistics do not prove specific endeavor impact. Petitioner also not shown well positioned to advance endeavor.

An aerospace quality engineer sought NIW claiming his work on quality standards and mentoring would benefit the aviation industry. The AAO dismissed the appeal because he failed to establish that his specific proposed endeavor had national importance beyond typical occupational duties.

Automotive engineer sought EB-2 NIW to develop Advanced Driver Assistance Systems. AAO clarified Dhanasar does not require percentage thresholds but affirmed petitioner failed to show broad technological or public safety implications at national importance level. Motions to reopen and reconsider dismissed.

An aircraft maintenance technician sought NIW for EB-2. The AAO found the proposed endeavor met the first Dhanasar prong on national importance but dismissed for failing the second prong. The petitioner lacked documented evidence of company existence, adequate funding, and a credible team to advance the proposed business.

A mechanical engineering researcher with an advanced degree sought EB-2 national interest waiver. AAO dismissed the appeal, finding she was not well-positioned to advance her proposed sustainable energy research endeavor, and declining to reach the first and third prongs.

A doctoral student in mechanical engineering proposed work on HVAC system efficiency improvement. The AAO dismissed the appeal, holding that the applicant failed to demonstrate national importance of the specific endeavor; the general importance of energy efficiency in buildings was insufficient without showing broader field impact.

Project engineer seeks national interest waiver for EB-2 classification. Business plan proposed personalized training in project engineering with claims of reducing reliance on foreign contractors. AAO found endeavor substantially meritorious but lacked national importance because benefits were specific to employer rather than having broader implications for the field.

Automotive engineer seeking NIW for startup consulting company. Claimed national importance through workforce upskilling and STEM education. AAO dismissed because specific endeavor lacks national importance; industry importance and general workforce education insufficient under Dhanasar framework.

An automotive engineer seeks EB-2 with national interest waiver to develop advanced safety features for vehicles. He claimed impact on road safety and public health but failed to establish broader field applications or how the endeavor transcends organizational level impact. The AAO dismissed the appeal.

Mechanical engineer researcher self-petitioner sought NIW under EB-2 for thermal battery development research. AAO affirmed first prong met but reversed on second prong, finding PhD degree and citations insufficient to demonstrate she is well-positioned to advance the proposed endeavor.