Published AAO appeal decisions

A power electronics researcher sought EB-2 classification with national interest waiver. The AAO dismissed the appeal because the petitioner failed to define a specific proposed endeavor, instead providing only broad aspirational statements about developing experimental setups for semiconductors, making all three Dhanasar prongs unadjustable.

An electronics engineer proposed a business offering technical support and consulting to television and streaming enterprises and self-petitioned for EB-2 national interest waiver. AAO dismissed, holding the proposed endeavor lacks substantial merit and national importance because it shows no significant potential for employment, economic impact, or contribution to advancing technology or field.

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.

A utility company seeks NIW for electrical engineer to advance cybersecurity efforts. AAO affirmed denial because the record failed to establish national importance of the beneficiary's specific proposed endeavor; general importance of utility operations and cybersecurity does not satisfy Dhanasar first prong.

Electronics engineer in telecommunications seeks NIW for EB-2 self-employment in fiber optic services. Petitioner claimed national importance based on Federal Fiber to Home alignment. AAO dismissed, finding the specific endeavor lacks national importance despite working in important field; general industry alignment insufficient without evidence of broader prospective impact.

An electrician in industrial maintenance and automation sought NIW as EB-2 member of professions. AAO dismissed, finding the proposed endeavor lacks national importance under Dhanasar. Individual company consultancy services lack sufficient scale, employment potential, or economic effects to rise to national level.

Semiconductor foundry petitions for electrical engineer beneficiary under EB-2 with national interest waiver. Beneficiary holds master's equivalent degree. AAO upheld denial: petitioner failed to establish national importance of specific proposed endeavor under Dhanasar first prong; industry importance insufficient without defined project scope and prospective impact.

Electrical and computer engineer with master's degree seeks NIW for research refining silicon carbide process integration for semiconductor devices. AAO held petitioner failed both Dhanasar prongs: endeavor lacked demonstrated national importance and petitioner was not well-positioned to advance it without employer resources or documented funding.

Electrical engineer sought EB-2 NIW. AAO withdrew SCOPS denial and remanded. Petitioner established substantial merit and national importance of proposed research and that he is well positioned to advance it through education, experience, and expert support. SCOPS must reconsider whether balancing factors favor waiving job offer requirement.

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.

An electrical engineer with a foreign Master's degree sought EB-2 classification with national interest waiver. The AAO dismissed the appeal, finding the proposed research endeavor lacks the national or global implications required to establish national importance, and the petitioner is not well-positioned to advance it.

A systems engineer sought a national interest waiver for EB-2 classification. The AAO dismissed, finding the petitioner failed to establish the national importance of the proposed consulting endeavor under the first Dhanasar prong, with broad claims and formulaic support letters lacking credibility.

An electrical engineer with an advanced degree sought NIW for employment-based second preference. The AAO dismissed the appeal, holding that her proposed research in GaN-based power electronics for EV charging lacked the requisite national importance under Dhanasar; benefits to specific employers and vague assertions of potential impact were insufficient.

An electrical engineering consultant seeking a national interest waiver for EB-2 classification to enhance U.S. energy resilience through microgrid development. AAO affirmed denial, finding the proposed endeavor lacked national importance because impacts were limited to specific clients rather than demonstrating broad national effects.

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.

Senior hardware engineer at semiconductor company seeks EB-2 NIW with advanced degree. Petitioner conceded substantial merit but AAO rejected national importance, finding evidence conflated field importance with specific endeavor impact. No demonstration of innovations extending beyond employer or broader industry impact.

Postdoctoral candidate in electrical engineering with Master's degree sought EB-2 NIW for research in machine learning applications. AAO affirmed Service Center denial, finding endeavor has national importance but petitioner is not well positioned to advance it, lacking sufficient evidence of field influence or relevant party interest.

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 EB-2 national interest waiver. The AAO found petitioner established substantial merit but failed to demonstrate that the specific proposed endeavor of providing engineering services had national importance under the Dhanasar framework. Lacking prospective impact evidence, the petition was dismissed without reaching remaining prongs.

Engineer seeking NIW for electrical engineering consulting startup. Petitioner claimed endeavor had national importance for energy systems and sustainability. AAO dismissed motion, finding articles showed field importance but not specific endeavor impact or prospective national significance.

Electrical engineer proposing specialized consulting company seeking EB-2 with NIW. AAO affirmed underlying EB-2 eligibility but dismissed appeal, finding proposed endeavor lacks national importance despite focus on modernization and sustainability.

A power and automation technologies company sponsored an engineer for EB-2 classification with a national interest waiver. The AAO found his work on maritime vessel electrification lacks national importance. Although general government programs support electrification, the engineer's specific proposed endeavor was not established to impact these initiatives or benefit the field broadly.

Electrical engineer seeking EB-2 with national interest waiver. Claimed advanced degree based on bachelor's plus five years foreign experience and proposed AI-driven manufacturing modernization. AAO dismissed because foreign employment documentation was insufficient and proposed endeavor lacked demonstrated national importance beyond local economic activity.

Integrated circuit design engineer specializing in semiconductors sought EB-2 advanced degree and NIW. AAO found proposed endeavor has substantial merit but lacks national importance; working in critical field insufficient without evidence of specific endeavor's prospective impact.

An electrical engineer with an MBA sought EB-2 classification and NIW for a consulting firm offering process safety and sustainable energy services. The proposed endeavor lacks national importance; it does not extend beyond the petitioner's employer and clients to impact the field broadly or employ disadvantaged workers.