Published AAO appeal decisions

An employer petitioned for a national interest waiver for an engineer working in the electric vehicle sector, who holds an advanced degree. The AAO dismissed the appeal, finding the endeavor had substantial merit but that national importance was not shown, since the evidence stressed industry importance rather than the specific endeavor's impact.

Semiconductor company petitioning for beneficiary as EB-2 professional with advanced degree for graphics and compute product optimization research. Director found endeavor of substantial merit and national importance but beneficiary lacks advanced degree (Ph.D.) and demonstrated track record of success in proposed research area, failing second prong.

Electrical engineer claiming EB-2 with national interest waiver. AAO agreed first prong met but found petitioner failed to demonstrate she was well positioned to advance proposed research endeavor, lacking evidence of grant funding, significant research impact, or specific future plan. Appeal dismissed.

Electrical engineer sought EB-2 with national interest waiver to work as independent contractor in automotive manufacturing. AAO held proposed endeavor lacks national importance because evidence does not show broader field implications, job creation potential, or substantial economic benefits beyond individual work.

A mechanical engineer and researcher with doctorate pursuing research on electric motor efficiency and AI integration. The AAO found the first prong met as the research addresses critical emerging technologies, but dismissed because petitioner failed to demonstrate institutional interest or funding securing his well-positioning to advance the research.

Electrical engineering researcher sought EB-2 NIW for work on renewable energy integration into power grids. AAO held proposed endeavor lacks national importance; research shows no implications beyond university context; appeal dismissed.

An electrical engineer and project manager in renewable energy seeking EB-2 with national interest waiver. AAO held the specific endeavor lacks national importance under Dhanasar because evidence addresses professional credentials and industry significance, not the proposed endeavor's broader national impact or demonstrated employment potential.

Electrical and computer engineering researcher with master's degree sought EB-2 classification and national interest waiver. AAO found the proposed research endeavor has national importance but dismissed appeal because petitioner failed to demonstrate being well-positioned to advance it.

An electrical engineer and project manager seeks EB-2 national interest waiver for proposed data center consulting work. Petitioner claimed the endeavor would enhance U.S. data infrastructure, security, and sustainability. AAO held the proposed endeavor lacks specific description and demonstrated national importance; asserted importance of the industry itself does not establish national importance of the specific endeavor.

Electrical engineer sought EB-2 national interest waiver to work without labor certification. Petitioner claimed his endeavor had national importance through economic growth. AAO held the record showed insufficient evidence of impact beyond the specific employer and clients, lacking broader implications required by Dhanasar.

An electrical engineer proposed work in sustainable energy, smart telecommunications, and lighting systems, claiming alignment with national clean energy initiatives. The AAO held that importance of sustainable energy as field does not establish national importance of her specific endeavor; no evidence she would directly employ U.S. workers or achieve field-wide impact.

Electrical engineer sought EB-2 with national interest waiver. Claimed his electromagnetic compatibility testing and aircraft lightning protection work had national importance. AAO dismissed, finding petitioner showed field importance but not how his individual work would have broader implications or substantial economic effects as required.

Security systems and electrical engineer self-petitioner sought EB-2 NIW. Director denied underlying EB-2 eligibility and NIW. AAO found endeavor has merit but lacks national importance required by Dhanasar's first prong, dismissing appeal without reaching remaining criteria.

Electrical project engineer with advanced degree seeking EB-2 and NIW for manufacturing consulting work. Director found substantial merit but not national importance. AAO affirmed that petitioner's proposed work would benefit only her employer or clients, lacking broader industry implications or substantial positive economic effects for the nation.

Radio frequency engineer seeks NIW to establish wireless network design consulting firm. AAO held endeavor has substantial merit but lacks national importance; petitioner's expertise addresses prong two, not the specific endeavor's prospective impact. First prong failure dispositive.

An electrical engineer sought a national interest waiver for renewable energy work. The AAO found his proposed endeavor had substantial merit and national importance, he was well positioned to advance it with relevant experience and credentials, and on balance a waiver would benefit the United States in critical energy technology.

Electrical engineer with 11 years IT and electrical engineering experience sought EB-2 national interest waiver for venture addressing cybersecurity, IoT, and sustainable energy. AAO dismissed: proposed endeavor lacked evidence of national importance and substantial impact on relevant industries despite general industry significance.

A telecommunications engineer and electronics specialist proposed advancing telecommunications technology solutions. The AAO dismissed the appeal, finding the petitioner provided insufficient evidence of specific endeavor scope, failed to distinguish from existing solutions, and lacked expert letters demonstrating national implications distinct from general field importance.

Telecommunications engineer seeking EB-2 advanced degree classification and national interest waiver. AAO dismissed appeal because petitioner failed to establish that his specific proposed endeavor has national importance; expertise and prior achievements insufficient to demonstrate prospective impact of the particular work itself.

Technology company petitioned for embedded systems architect with advanced degree; sought NIW for EB-2. AAO sustained appeal, finding proposed endeavor in motor controls and EV charging has national importance, beneficiary well-positioned to advance it, and waiver benefits the US based on track record and critical STEM contributions.

Electromechanical engineer sought exceptional ability classification and national interest waiver. AAO dismissed appeal because petitioner failed first Dhanasar prong: did not establish national importance of proposed endeavor; submitted insufficient evidence identifying endeavor with specificity or demonstrating prospective impact. Reserved decision on underlying exceptional ability eligibility.

Electrical technician sought EB-2 exceptional ability and national interest waiver. Petitioner met only one of six exceptional ability criteria (academic record); failed on work experience, licensure, and salary. Failed first prong of Dhanasar test by not establishing national importance of proposed endeavor. Appeal dismissed.

Electrical engineer sought EB-2 NIW to own and operate a solar energy engineering business in Florida. AAO held the specific endeavor lacks national importance despite the importance of the solar energy field; unsupported claims of hiring and economic benefits do not meet Dhanasar's first prong.

Electrical engineer with decades of experience seeks EB-2 national interest waiver for consulting services bridging European and American electrical systems. Claimed national importance based on STEM shortage and consulting services. AAO dismissed, finding consulting services do not extend beyond client base to impact industry broadly; revenue and employment projections insufficient for substantial economic effects.

An engineer with exceptional ability qualification sought NIW for his electrical construction company focusing on sustainability. The AAO agreed with the Director that although he qualifies as exceptionally able, his specific proposed endeavor lacks national importance; STEM and sustainability fields alone do not establish impact at required level.