Published AAO appeal decisions

A researcher in earthquake science and seismic monitoring sought a national interest waiver of the job offer requirement under the Dhanasar framework. The AAO accepted substantial merit but held the proposed endeavor lacked demonstrated national importance, since broader field benefits and federal priorities did not show his own work's impact. It dismissed the appeal.

Strategic initiatives manager with advanced degrees in MBA and civil engineering seeks NIW to bridge structural engineering and sustainable infrastructure technology. AAO dismissed finding proposed endeavor lacks national importance despite working in STEM field.

A senior manager of pavements with advanced degree sought national interest waiver for sustainable pavement engineering research. The AAO found the proposed endeavor had substantial merit and national importance but dismissed the appeal because the petitioner failed to demonstrate being well positioned to advance the research through education, skills, and record of success.

Civil engineer in occupational health and safety proposes a small wastewater consulting and construction company. Claimed endeavor has national importance under Dhanasar framework. AAO dismissed appeal, finding proposed specific endeavor lacks national importance despite wastewater management field having it; projections insufficient to demonstrate significant economic or employment impact.

A chief engineer in sustainable building filed a national interest waiver petition but submitted falsified reference letters. AAO found the petitioner willfully misrepresented material facts by knowingly submitting false documents, rendering him inadmissible. Appeal dismissed due to fraud and failure to meet all three Dhanasar prongs.

General manager of construction company in Colombia sought EB-2 classification with national interest waiver for sustainable construction endeavor. SCOPS found advanced degree qualification but denied waiver. AAO affirmed, finding proposed endeavor lacks demonstrated national importance and petitioner failed to show waiver would benefit the United States.

A civil engineer with a master's degree sought EB-2 classification with a national interest waiver for an AI-based construction software tool. The AAO found the petitioner qualified for EB-2 and established substantial merit but dismissed the appeal because the petitioner failed to demonstrate the national importance required by Dhanasar's first prong.

Civil engineer proposing to found consulting services company in Massachusetts. Failed first Dhanasar prong on national importance; generic consulting for construction companies lacked national or global implications. Business plan contained numerous errors and unreliable financial projections. Appeal dismissed.

A consultant engineer with 28 years experience sought EB-2 NIW for affordable housing and resilience engineering work. SCOPS approved advanced degree qualification but denied NIW. The AAO affirmed dismissal, finding the proposed endeavor, though in important industry, lacked demonstrated national importance as required by Dhanasar's first prong.

Ph.D. civil engineering student sought EB-2 with national interest waiver for railway safety and cybersecurity work. AAO dismissed, finding the proposed endeavor insufficiently defined through multiple inconsistent characterizations; petitioner's actual employment plans contradicted stated endeavor, preventing assessment of national importance.

A civil engineering company CEO sought EB-2 classification with a national interest waiver. Under the Dhanasar framework, the AAO found the proposed consulting endeavor lacked demonstrated national importance with broader implications, failing the first prong and requiring dismissal.

A civil engineer sought NIW for advanced-degree EB-2, proposing a scaffolding and shoring equipment business in Florida. The AAO dismissed the appeal, agreeing the endeavor had substantial merit but finding insufficient evidence that the specific endeavor would have national importance beyond local impact or economic significance.

A construction project manager with an engineering master's degree sought an EB-2 classification with a national interest waiver, proposing to lead infrastructure projects using sustainable and resilient methods. The AAO dismissed the appeal because the specific endeavor was not shown to have national importance, and it reserved the remaining prongs.

An entrepreneur in civil engineering with a Brazilian engineering degree sought EB-2 classification with a national interest waiver for a construction management company focusing on infrastructure modernization and sustainability. The AAO dismissed because the petitioner did not demonstrate that her specific endeavor would have substantial national importance beyond general industry benefits.

Civil engineer with Ph.D. sought NIW for research on structural reliability and truck platooning safety. AAO found endeavor had substantial merit and national importance but dismissed appeal because petitioner failed to show he was well positioned to advance it or that waiving labor certification would benefit the nation.

Civil engineer seeking EB-2 with national interest waiver claims he will develop hydrologic and hydraulic models to forecast flooding impacts. AAO held he did not establish national importance of the specific proposed endeavor, as it showed no control over projects or implications beyond his employer; not well-positioned to advance it; appeal dismissed.

Transportation engineer with PhD in civil engineering claims national interest waiver for EB-2 advanced degree category. Proposed work involves predicting traffic accidents and implementing solutions. AAO found endeavor has substantial merit but lacks sufficient evidence of national importance and prospective impact; importance of the industry alone does not establish national importance of the specific endeavor.

Environmental engineer and entrepreneur sought EB-2 NIW for forestry management and sustainable land consulting company. AAO dismissed because beneficiary failed to establish underlying EB-2 exceptional ability eligibility, meeting only two of six regulatory criteria and lacking requisite expertise level.

Earthquake engineering researcher with advanced degree seeks NIW for research on soil-structure interactions in seismic design. First prong met; second prong failed because article citations and expert support lack evidence that research has advanced the field sufficiently to show petitioner well positioned to advance proposed endeavor.

Engineer with 20 years water systems experience seeks NIW to expand his consulting company offering engineering services for water infrastructure. AAO dismissed appeal because proposed endeavor lacks national importance despite working in critical field; benefits do not extend beyond his company.

A civil engineer proposed research on traffic safety analysis methods. The AAO held the specific endeavor lacks national importance despite relating to a valued field; the endeavor did not demonstrate broader field impact or prospective significance required by Dhanasar's first prong. Appeal dismissed.

Industrial engineer sought EB-2 national interest waiver for project engineer role. Petitioner is advanced degree professional but failed first Dhanasar prong: proposed endeavor lacks national importance despite alignment with environmental priorities and cost reduction potential on individual projects.

Civil engineer holding advanced degree sought EB-2 NIW. SCOPS granted advanced degree qualification but denied waiver for lack of national importance. AAO affirmed: petitioner showed merit of field and his capability to advance work but failed to establish specific proposed endeavor has broader implications or national importance needed under Dhanasar first prong. Appeal dismissed.

Graduate student researcher in structural engineering sought EB-2 NIW for developing sustainable concrete materials and construction methods. AAO found proposed endeavor had substantial merit and national importance, but petitioner failed second prong by lacking documented plan, progress, and stakeholder interest to advance the endeavor.

A postdoctoral scholar in civil and environmental engineering proposed research on traffic safety and autonomous vehicles under NIW. The AAO found working in a nationally important field insufficient and concluded the petitioner did not demonstrate the proposed endeavor itself has national importance or broader field impact. Appeal dismissed.