Published AAO appeal decisions

Civil engineer and entrepreneur sought NIW for EB-2 to operate construction management company focused on sustainable projects. AAO dismissed appeal, finding proposed endeavor lacks national importance and petitioner not adequately well-positioned to advance it, despite working in important field.

A civil engineer with advanced degree sought EB-2 NIW. Under Dhanasar, the AAO found he failed the second prong: his business plan, progress, and evidence of investor or customer interest did not establish he was well-positioned to advance his proposed endeavor. The appeal was dismissed without addressing the first and third prongs.

An applied mathematics and structural engineering researcher with a master's degree seeks NIW. Claimed all three Dhanasar prongs. The AAO held all three prongs met: the research endeavor has substantial merit and national importance; the petitioner's education, experience, and research accomplishments position him to advance the work; and the waiver benefits the United States.

Construction manager holding advanced degree sought EB-2 with NIW to own construction company. AAO dismissed because proposed endeavor lacks national importance: business plan shows only four hires and limited regional scope, insufficient to demonstrate substantial positive economic effects or mitigation of housing shortage at national level.

A civil engineer sought EB-2 advanced degree classification with national interest waiver to run his own engineering services company in Florida. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance because it would not impact the civil engineering field broadly and petitioner was not well-positioned to advance it.

A civil engineer sought EB-2 advanced degree classification with NIW. The AAO accepted advanced degree eligibility but dismissed the petition because the petitioner failed to consistently articulate a single, well-defined proposed endeavor, preventing meaningful analysis of its merit, national importance, or positioning.

A transportation researcher with advanced STEM degrees proposed continuing research on modeling tools and methodologies for transportation planning. The AAO sustained the appeal, finding the endeavor has substantial merit and national importance, the petitioner is well positioned to advance it, and national interest favors the waiver.

Project engineer sought NIW for EB-2. Service Center approved advanced degree but denied NIW. AAO dismissed because proposed roadway safety endeavor lacked sufficient detail and national importance; no direct connection established between specific endeavor and broader implications.

Civil engineer pursuing Ph.D. on risk-informed decision-making framework for energy generation claimed three Dhanasar prongs. AAO sustained appeal, finding the proposed research has substantial merit and national importance with broad applications, the petitioner is well positioned by education and track record, and the waiver benefits the United States.

Environmental engineer with Ph.D. sought EB-2 with NIW. Proposed continued research on water quality and waste treatment. AAO sustained appeal, finding all three Dhanasar prongs met: endeavor has substantial merit and national importance, petitioner well positioned to advance research, and on balance waiver benefits the United States.

Civil engineer with doctoral degree seeking EB-2 NIW for infrastructure management research. Petitioner claimed all three Dhanasar prongs. AAO held all three met: research addresses national infrastructure concerns, petitioner is well-positioned through credentials and position, and national benefit from waiver outweighs certification interests.