Published AAO appeal decisions

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.

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.

A mechanical engineer with a Ph.D. sought an NIW to pursue advanced manufacturing research for healthcare devices. The AAO found the proposed endeavor has substantial merit and national importance but concluded the petitioner did not demonstrate being well positioned to advance it, as education and publication citations alone do not show sufficient record of success.

Mechanical engineer with advanced degree sought EB-2 with national interest waiver for semiconductor manufacturing advancement. Service center denied without adequate explanation of Dhanasar prongs analysis. AAO remanded for new decision because service center failed to explain rationale and adequately address petitioner's proposed endeavor rather than employment position.

An advanced manufacturing engineer seeks EB-2 with NIW. The AAO agreed substantial merit was shown but found the petitioner did not adequately demonstrate national importance of the specific endeavor. The decision remanded for the director to reconsider the third prong using STEM-field guidance from policy manual.

A mechanical engineer and postdoctoral researcher sought NIW for research on catalysts for fuel cells and batteries. AAO found all three Dhanasar prongs satisfied: proposed research has national importance for U.S. competitiveness, petitioner is well positioned to advance it, and waiver benefits the United States.