Published AAO appeal decisions

A microelectronics engineer with a master's degree sought EB-2 national interest waiver for research on hardware for AI data centers. The AAO found the proposed endeavor had substantial merit and national importance but concluded the petitioner lacked sufficient expertise advancement credentials and that waiving job requirements would not benefit the nation.

Electrical engineer with doctoral degree proposes power grid research on renewable energy integration. AAO found substantial merit and national importance met, but rejected well-positioned prong due to insufficient evidence of research success and impact, and rejected balance prong as contributions do not outweigh labor certification benefits.

A researcher with a master's degree in electrical engineering sought EB-2 NIW for research in wireless charging technology for smartphones. The AAO confirmed the advanced degree requirement and substantial merit but rejected the petition because uncorroborated expert assertions about national importance were insufficient; the technology's impact was limited to employer, licensees, and customers, not national impact.

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 an EB-2 national interest waiver for a self-employed consultancy in oil and gas. The AAO affirmed dismissal, finding the engineer's expertise and work, while valuable, lacked evidence of national importance, broader field implications, or substantial economic benefit required by Dhanasar.

Metallurgist with advanced degree employed as research engineer sought national interest waiver of job offer requirement for EB-2 classification. AAO found proposed 3D printing research has substantial merit and national importance, and petitioner well positioned to advance it. However, petitioner failed to demonstrate that waiver would benefit United States on balance; dismissed.