Published AAO appeal decisions

Electrical engineer sought EB-2 advanced degree classification and NIW for proposed energy efficiency and renewable energy services business. AAO found petitioner qualified as advanced degree professional but failed NIW first prong. Proposed endeavor had substantial merit but lacked national importance; no evidence of prospective economic impact or job creation at level required by Dhanasar.

Electrical engineer sought NIW under EB-2 as advanced degree professional. Proposed establishing engineering consulting business in automation and manufacturing. AAO dismissed, finding record did not establish national importance of specific endeavor; petitioner's experience and STEM field importance related to second prong, not endeavor's prospective impact.

Electronics engineer sought EB-2 NIW to develop and market medical smartphone applications. AAO reversed on first prong, finding national importance established, but upheld denial on second prong: insufficient evidence of success in app development, no prior related business experience, and post-filing customer interest letters undermined preparedness claim.

Telecommunications engineer sought NIW claiming national importance of network engineering work. Petitioner argued Director applied stricter standard and cited professor letters supporting endeavor value. AAO dismissed, finding specific projects lack national implications in telecommunications field or national economy.

Engineer with sales and management experience seeking NIW for consulting company focused on electrical engineering and US-South American business facilitation. Meets EB-2 advanced degree requirement but fails to establish national importance of proposed endeavor; economic impact not sufficiently demonstrated. Appeal dismissed.

Electrical and automation engineer seeking EB-2 with NIW to work in petroleum industry. Argued national importance exceeds prior Dhanasar petitioner and challenged impact standard. AAO affirmed denial: field importance does not establish national importance of specific endeavor; petitioner does not qualify as advanced degree professional due to insufficient documented work experience.

An electrical engineer sought an EB-2 national interest waiver for a self-employed consultancy in oil and gas. The AAO affirmed dismissal, finding the engineer's expertise and work, while valuable, lacked evidence of national importance, broader field implications, or substantial economic benefit required by Dhanasar.

Electrical engineer with advanced degree seeks national interest waiver for employment in energy systems management. AAO dismissed the appeal, finding the petitioner failed to establish that his proposed endeavor has national importance, as his work would not impact the broader field or economy.

Electrical engineering researcher with advanced degree self-petitioner sought NIW for research in computational electromagnetics and integro-differential equations. AAO found all three Dhanasar prongs satisfied: proposed research has substantial merit and national importance, petitioner is well positioned to advance it, and waiver benefits the United States.

Electrical engineer sought EB-2 with national interest waiver. Initially described endeavor as continuing work in manufacturing; later added new business launch and service company plans. AAO held petitioner provided inconsistent and materially changed information about proposed endeavor; national importance not demonstrated; first prong failed.

An electrical engineer with a master's degree in engineering seeks NIW for EB-2 as self-petitioner. AAO found substantial merit and national importance of his research endeavor but dismissed because he failed to show he is well positioned to advance it; his temporary Ph.D. student position, prospective postdoc role, and published work lacked demonstrated impact on field.

Electrical engineering researcher employed in semiconductor development sought NIW for EB-2 classification. Petitioner claimed three Dhanasar prongs. AAO sustained appeal, finding proposed next-generation semiconductor research has national importance, petitioner is well-positioned to advance it, and waiver benefits U.S. interests.

Electrical engineer seeking EB-2 with national interest waiver. AAO affirmed denial because petitioner failed to establish EB-2 eligibility and, independently, failed the first Dhanasar prong by not demonstrating his specific proposed endeavor has national importance.

Self-petitioner, engineer in electrical and electronics engineering and oil and gas sector, sought NIW for continuation of employment. Met underlying EB-2 advanced degree requirement but failed first Dhanasar prong: training endeavor, though occurring in important industry, affects only specific employer and clients, not field broadly, and lacks national importance.

An avionics engineer seeks NIW under EB-2. She proposed work in aircraft maintenance, training, and business development. The AAO found substantial merit but rejected national importance because her training and engineering work would not impact the aviation industry beyond her employer and clients.

Research associate in electrical and computer engineering conducting NSF-funded research on miniaturized robots for cardiovascular treatment and underwater systems. AAO sustained appeal, finding he satisfied all three Dhanasar prongs: national importance established, well positioned via publications and grants, and contributions sufficiently valuable to benefit the United States.

Senior process engineer with Ph.D. in physics sought national interest waiver for EB-2 advanced degree classification. Work involved development of materials and manufacturing processes. AAO found petitioner failed to establish national importance of proposed endeavor; general environmental goals and internal process improvements lack sufficient prospective impact; dismissed.

Senior application engineer and researcher with advanced degree in electrical engineering sought NIW for EB-2. AAO found beneficiary qualified for EB-2 but dismissed appeal because proposed endeavor lacked sufficient national importance beyond the specific employer.

Senior electrical engineer seeking EB-2 with national interest waiver. Petitioner qualified for EB-2 as advanced degree professional but failed NIW first prong: proposed endeavor in wireless communication and device development lacked demonstrated national importance beyond company-specific applications.

Metallurgist with advanced degree employed as research engineer sought national interest waiver of job offer requirement for EB-2 classification. AAO found proposed 3D printing research has substantial merit and national importance, and petitioner well positioned to advance it. However, petitioner failed to demonstrate that waiver would benefit United States on balance; dismissed.

An engineer employed at a semiconductor tool manufacturer seeks a national interest waiver for EB-2 classification. He proposed to continue research and development of proprietary tools in his specialized field. The AAO dismissed the appeal, finding his work lacks national importance because evidence does not show broader implications beyond his employer's operations or demonstrate significant potential to employ U.S. workers.

A MEMS researcher sought NIW for advanced research in MEMS device design and fabrication. The AAO found his proposed work met the first Dhanasar prong but lacked sufficient evidence under the second prong that he is well positioned to advance the research independently.

An electric car system engineer sought EB-2 with national interest waiver. He claimed advanced degree eligibility and proposed future employment or business ventures in vehicle systems. The AAO affirmed denial, finding he failed to identify a specific, clearly-defined endeavor with substantial merit and national importance; broad industry growth alone does not satisfy Dhanasar.

Electrical engineering researcher with Master's degree established all three Dhanasar prongs for national interest waiver of job offer requirement. Research on semiconductor and memory systems meets substantial merit and national importance; petitioner well positioned by education and publication record; balance favors waiver given technological interests and practical impracticality of labor certification.

A semiconductor manufacturer petitioned for a process engineer beneficiary under EB-2 NIW. Service center granted advanced degree but denied waiver. AAO affirmed denial: proposed process engineering work lacked national importance under Dhanasar because petitioner failed to show the endeavor's prospective impact on U.S. employment or broader field implications beyond company operations.