Published AAO appeal decisions

A civil engineer proposed research on traffic safety analysis methods. The AAO held the specific endeavor lacks national importance despite relating to a valued field; the endeavor did not demonstrate broader field impact or prospective significance required by Dhanasar's first prong. Appeal dismissed.

Graduate student researcher in structural engineering sought EB-2 NIW for developing sustainable concrete materials and construction methods. AAO found proposed endeavor had substantial merit and national importance, but petitioner failed second prong by lacking documented plan, progress, and stakeholder interest to advance the endeavor.

Civil and environmental engineer proposes infrastructure and sustainability research advancement. AAO held first prong met but second prong not met; petitioner's publications and citations lack evidence of implementation, government funding, or demonstrated progress toward advancing the specific proposed endeavor.

Civil engineer sought EB-2 NIW for concrete innovation solutions in wet areas and flood zones. SCOPS found national importance but AAO disagreed and reserved that issue. Appeal dismissed because petitioner failed second prong: bachelor's degree insufficient, unsupported conclusory letters, no demonstrated partnerships or customer interest.

A researcher in sustainable building and construction proposes to advance climate-resilient environmental research through peer publication and conferences. AAO held the proposed endeavor lacks national importance under Dhanasar's first prong because the record shows only ordinary research activities similar to all other researchers, without evidence of broader field impact or adoption by decision-makers.

Masonry and stone restoration specialist with advanced degree equivalent sought NIW for sustainable historic preservation work. Remanded because SCOPS did not determine if proposed job requires advanced degree professional and failed to explain national importance finding adequately.

A civil engineer with a master's degree in civil engineering sought EB-2 classification with a national interest waiver. The AAO agreed he qualified as an advanced degree professional but remanded the case because SCOPS made contradictory statements on national importance and provided no analysis for the well-positioned prong, denying him fair notice.

A seismic structural engineer with advanced degrees seeks EB-2 national interest waiver. The AAO found the proposed endeavor had substantial merit and national importance but concluded the petitioner was not well-positioned to advance it because current employment focused on unrelated work, and the balance did not favor waiver.

Civil engineer and researcher with Master's degree seeks NIW for waterborne disease framework research. AAO dismissed, finding petitioner met first two Dhanasar prongs but failed the third: while endeavor involves critical emerging technology, evidence did not show national interest urgent enough to waive labor certification.

Civil engineer with doctoral research on sustainable construction materials claimed an NIW. AAO found the proposed endeavor had substantial merit and national importance, and the petitioner was well-positioned to advance it, but rejected the waiver because evidence did not establish the national interest was sufficiently urgent to bypass labor certification.

A geomatics engineering researcher with a doctorate seeks NIW as EB-2 advanced degree professional. The AAO affirmed denial because the petitioner failed to show he is well positioned to advance his proposed tenure-track research endeavor, lacking evidence of grant funding, research significance, or broader field impact necessary under Dhanasar prong two.

A graduate research assistant in civil engineering with a Master's degree seeks EB-2 with national interest waiver for research in construction safety, AI integration, and workspace planning. The AAO found the endeavor had substantial merit and national importance but determined the petitioner lacked sufficient demonstrated success and progress to be well positioned to advance it, denying the waiver.