Published AAO appeal decisions

A microelectronics engineer with a master's degree sought EB-2 national interest waiver for research on hardware for AI data centers. The AAO found the proposed endeavor had substantial merit and national importance but concluded the petitioner lacked sufficient expertise advancement credentials and that waiving job requirements would not benefit the nation.

Electrical and computer engineer with master's degree seeks NIW for research refining silicon carbide process integration for semiconductor devices. AAO held petitioner failed both Dhanasar prongs: endeavor lacked demonstrated national importance and petitioner was not well-positioned to advance it without employer resources or documented funding.

Electrical engineer sought EB-2 NIW. AAO withdrew SCOPS denial and remanded. Petitioner established substantial merit and national importance of proposed research and that he is well positioned to advance it through education, experience, and expert support. SCOPS must reconsider whether balancing factors favor waiving job offer requirement.

Electrical engineer with doctoral degree proposes power grid research on renewable energy integration. AAO found substantial merit and national importance met, but rejected well-positioned prong due to insufficient evidence of research success and impact, and rejected balance prong as contributions do not outweigh labor certification benefits.

An electrical engineer with a foreign Master's degree sought EB-2 classification with national interest waiver. The AAO dismissed the appeal, finding the proposed research endeavor lacks the national or global implications required to establish national importance, and the petitioner is not well-positioned to advance it.

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.