Published AAO appeal decisions

A mechanical engineering researcher seeking EB-2 classification and national interest waiver to develop new methodologies in vibrations engineering for aerospace and robotics applications. The AAO dismissed the appeal, holding the petitioner failed to establish he is well-positioned to advance the proposed research endeavor under Dhanasar's second prong.

A control systems engineer in the aerospace sector sought a national interest waiver, and the Director had found the first prong met. The AAO withdrew that finding because the proposed endeavor was not specifically defined, found him not well positioned, and dismissed the appeal without reaching the third prong.

Mechanical engineer proposed work in advanced technologies and energy-smart building systems. AAO dismissed appeal, adopting Director's decision; petitioner provided vague endeavor description lacking specific project details, activities, or evidence demonstrating national importance or positioning to advance it.

Aircraft maintenance technician sought EB-2 exceptional ability with national interest waiver for proposed aircraft maintenance and training business. AAO affirmed denial, finding petitioner failed first prong: specific endeavor lacked demonstrated national importance despite aircraft technician shortage; generic industry value insufficient.

A mechanical engineer and researcher in additive manufacturing sought employer-sponsored EB-2 NIW for research benefiting aerospace and military industries. The AAO reversed the service center on prong one but dismissed the appeal because the petitioner failed to demonstrate she was well positioned to advance the endeavor through prior success or external support.

Aviation maintenance technician sought EB-2 national interest waiver to advance SMED-based aircraft inspection methodology. AAO dismissed appeal: proposed endeavor lacked national importance and petitioner failed to show he was well-positioned to advance it without concrete plans, publications, or demonstrable progress.

An industrial engineer proposing a small gold-plating production plant. AAO found petitioner qualified as advanced degree professional and was well positioned to advance the endeavor, but failed to establish national importance of the specific proposed business, confusing field importance with endeavor importance.

Robotics and autonomous systems engineer with Ph.D. sought NIW for proposed autonomous robotics research. AAO held first prong met but dismissed appeal because petitioner is not well-positioned to advance endeavor; lacks specific employment offer and has not demonstrated concrete progress toward employment or research activities required to advance the work.

Engineer and technologist sought NIW for EB-2 to research UAV aerodynamics for civilian applications. AAO dismissed; while endeavor has national importance, petitioner failed second prong: advanced degrees and engineer-in-training status insufficient without demonstrated success, progress, or relevant published research.

Manufacturing engineering manager sought EB-2 NIW. AAO dismissed, holding that although petitioner qualifies as an advanced degree professional and is well positioned to advance the endeavor, it lacks national importance because it does not demonstrate sufficient prospective impact on the field or nation.

A mechanical engineer sought NIW classification for research on ocean energy conversion using vortex-induced vibration. The AAO affirmed dismissal, finding the proposed research had substantial merit and national importance but the petitioner failed to demonstrate he was well-positioned to advance it despite his advanced degree.

A mechanical and aerospace engineer with Ph.D. sought national interest waiver for EB-2. The AAO found his proposed research had substantial merit and national importance. However, he failed to demonstrate he was well positioned to advance the research because his education alone was insufficient and citation statistics and letters did not show personal research impact on the field.

Structural engineer seeking NIW as assistant professor and researcher. Proposed endeavor materially changed after filing from researcher role to professor-researcher hybrid; national importance not established; petitioner failed to address director's conclusions on appeal.

An aerospace engineer sought national interest waiver. AAO found the proposed endeavor had substantial merit and national importance, but the petitioner failed the second prong because his research lacked demonstrated field impact, his role in funding was unclear, and his work showed no record of progress in advancing space research.

Aerospace engineer seeks NIW for EB-2 to continue research on aerodynamic and automatic control systems. AAO found proposed research met Dhanasar prong one with national importance and broader field implications. However, petitioner failed prong two: insufficient evidence showed he was well positioned to advance research despite Ph.D., publications, and support letters. Appeal dismissed.

Mechanical engineering researcher with Ph.D. sought NIW for EB-2 advanced degree classification. AAO found his proposed nanoparticle research met the substantial merit and national importance prong but failed the second prong: insufficient evidence he was well positioned to advance the endeavor through funding history and citations.

Mechanical engineering researcher with Ph.D. sought EB-2 national interest waiver for nanoparticle research. First prong met on research merit and national importance. AAO dismissed, finding petitioner failed second prong: insufficient evidence of independent funding acquisition, citation impact, or demonstrated leadership capacity relative to advisors and coauthors.

Aerospace engineering researcher with Ph.D. seeking national interest waiver. First Dhanasar prong met: proposed research has substantial merit and national importance. Appeal dismissed on second prong: insufficient evidence that beneficiary is well positioned to advance proposed research; publications and peer review activity do not constitute adequate record of success.

Aerospace engineer with advanced degrees in mathematics and engineering sought NIW. AAO found both proposed engineering and STEM teaching endeavors lacked national importance and he lacked sufficient record demonstrating he was well positioned to advance them. Appeal dismissed.

Computational mathematics researcher petitioner sought NIW for EB-2 based on infrastructure and transportation research. AAO dismissed appeal because although proposed work met first Dhanasar prong, petitioner failed to demonstrate sufficient record of success or unique contributions to satisfy well-positioned and balancing prongs.