Published AAO appeal decisions

Mining engineer sought EB-2 with national interest waiver to improve domestic mining of critical minerals through block-cave mining expertise. AAO dismissed, finding the proposed endeavor lacked national importance because evidence only demonstrated importance of the critical minerals field itself and benefits to individual companies, not broader implications for the mining industry.

An electrical engineer sought NIW for work in renewable solar energy. AAO agreed with USCIS that the proposed endeavor has substantial merit but lacks national importance under Dhanasar's first prong. Petitioner failed to demonstrate specific methodologies, unique advances, or prospective impact beyond his employer. Appeal dismissed without reaching remaining Dhanasar prongs.

A financial director and entrepreneur with an advanced degree in finance sought NIW for work as finance director at a used car dealership. The AAO found her original endeavor lacked substantial merit and national importance due to vague descriptions and generic claims about economic benefits without specific, prospective impact evidence.

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.

Biomechanical engineer and researcher claiming NIW for EB-2 with proposed endeavor in cell therapy and biomaterials. Substantial merit found but national importance not established; prospective impact not attributed to petitioner or shown to have prospective economic effect. Appeal dismissed.

Petitioner with advanced degree sought EB-2 NIW classification for homecare business. The petitioner demonstrated substantial merit but failed to establish national importance under Dhanasar. The AAO found the business lacked evidence of substantial positive economic effects or broader field impact beyond limited client and employee benefits, declining to analyze the remaining NIW prongs.

An entomology professor with a Ph.D. in medical entomology seeks an EB-2 national interest waiver for research on German cockroach insecticide resistance. AAO held the proposed endeavor lacks the specific detail, novelty, and documented potential for broad impact required to establish national importance under Dhanasar's first prong.

Dog food chef and luxury pet boutique co-owner sought EB-2 national interest waiver. AAO affirmed USCIS denial, finding petitioner's dog food business lacks national importance despite business awards and customer letters. Business does not extend beyond its clients to impact broader economy, industry, or American public welfare.

Labor relations expert and entrepreneur seeks EB-2 with national interest waiver for consulting firm. AAO found substantial merit but no national importance because impact limited to individual client organizations, not broader field or economy. Appeal dismissed on first Dhanasar prong.

Physical therapy researcher with advanced degree seeking NIW. Claimed citation prominence and research impact demonstrated well-positioning. AAO held second prong failed because no institutional commitment evidenced, citation records alone insufficient, and no demonstrated employer or stakeholder interest despite stated intentions.

Industrial engineering doctoral student and researcher seeks NIW for EB-2 classification to continue research on graph neural networks for environmental monitoring and real-time video processing. AAO found endeavor nationally important but petitioner lacked PhD-level credentials, demonstrated record of success in the field, concrete plan, or progress toward the specific endeavor; appeal dismissed.

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.

Ph.D. student in computer science pursuing generative AI research sought NIW under Dhanasar. AAO found proposed endeavor had substantial merit and national importance, but petitioner failed second prong: insufficient evidence of being well positioned to advance research through citations, progress, or field recognition.

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.

SAP consultant self-petitioned for EB-2 NIW seeking to optimize enterprise solutions for small and medium enterprises. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance despite its substantial merit; consulting services to individual clients lack the broad prospective impact required.

A researcher and assistant professor sought NIW for EB-2 under Dhanasar. The AAO agreed the proposed endeavor had substantial merit and national importance but concluded the petitioner was not well-positioned to advance it, lacking demonstrated influence, institutional support, or feasible funding for research plans.

Senior security researcher seeks NIW for cybersecurity innovations. AAO dismissed finding proposed endeavor lacks national importance; work benefits only specific employers and clients without broader field or national security implications.

A postdoctoral researcher in public health sought NIW for work on drug-resistant diseases. The AAO found the endeavor nationally important but dismissed the appeal because the petitioner lacked a doctoral degree and had not demonstrated concrete plans, progress, or relevant funding to advance the work.

Nurse with advanced degree initially proposing primary care work in underserved Florida areas, later proposing occupational health consulting company. AAO held both endeavors lack national importance under Dhanasar; healthcare field importance alone insufficient for specific endeavor-level impact.

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.

Materials engineer self-petitioner sought NIW for EB-2 advanced degree. AAO affirmed dismissal because petitioner failed to establish national importance of proposed solar industry corrosion management solution; industry-wide statistics do not prove specific endeavor impact. Petitioner also not shown well positioned to advance endeavor.

An advertising and marketing manager sought a national interest waiver for EB-2 classification. The AAO dismissed because her proposed work developing and marketing sustainable bee products lacked national importance, lacking evidence of national or global field implications or substantial economic effects beyond her employer.

An aerospace quality engineer sought NIW claiming his work on quality standards and mentoring would benefit the aviation industry. The AAO dismissed the appeal because he failed to establish that his specific proposed endeavor had national importance beyond typical occupational duties.

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.

Product engineer with MBA sought EB-2 national interest waiver for electric vehicle consulting business. AAO held proposed endeavor lacked national importance under Dhanasar; articles about EV industry and government policy did not establish petitioner's specific endeavor would sufficiently impact the market or economy. Appeal dismissed.