Published AAO appeal decisions

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 with experience in metal scaffolding and building support structures sought EB-2 national interest waiver. The AAO affirmed denial, finding the proposed endeavor—continuing civil construction work and training employees—lacked the prospective national impact required by Dhanasar's first prong.

Civil project manager sought NIW under Dhanasar framework. AAO agreed proposed endeavor lacked national importance because petitioner did not demonstrate broader implications to construction or infrastructure beyond specific clients. Opinion confuses petitioner's qualifications with endeavor characteristics.

Civil engineer seeks EB-2 NIW to develop low-income housing construction company. AAO held proposed endeavor has substantial merit but lacks national importance. General importance of construction field and housing shortage insufficient; petitioner failed to demonstrate his specific venture would generate substantial positive economic effects.

An architect and sustainable construction consultant sought EB-2 classification with national interest waiver. The AAO affirmed denial because although he qualified as an advanced degree professional and his field had merit, his consulting practice lacked national importance; impact would be limited to individual clients rather than advancing the broader construction industry.

Self-petitioner, structural engineer proposing to operate his own design studio in Florida. Claimed national interest waiver for EB-2. AAO held proposed endeavor lacked national importance because it would benefit only his prospective clients without broader industry impact or economic effects warranting waiver.