Published AAO appeal decisions

Mechanical engineer employed in advanced driver assistance systems sought national interest waiver. AAO held proposed endeavor lacked sufficient concrete examples of broad impact and petitioner did not establish ownership of intellectual property or impact beyond specific employer, failing the substantial merit and national importance prong.

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 industrial engineer with a doctorate in transportation engineering sought an EB-2 national interest waiver for predictive maintenance research. The AAO dismissed, finding the petitioner failed to demonstrate she was well positioned to advance the proposed endeavor despite meeting the first prong.

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.

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.

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.