Published AAO appeal decisions

Industrial engineer and entrepreneur proposed engineering consulting business in Florida focused on sustainability and efficiency. Petitioner failed to demonstrate national importance despite sustainability framework; modest employment projections and vague project specifics lacked evidence of broader impact.

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.

An engineer with a master's degree sought EB-2 classification with national interest waiver for research on enhancing concrete strength using wastewater byproducts. The AAO dismissed, finding the proposed endeavor lacks national importance: it remains confined to a single employer with no demonstrated broader implications for the field or nation.

Civil engineer and construction manager proposes to establish a consulting firm specializing in infrastructure and project management across transportation, healthcare, energy, and commercial real estate sectors. AAO held the endeavor lacks national importance because petitioner failed to demonstrate substantial prospective economic effects beyond typical industry scope.

Cost estimator seeking NIW for position on EV battery plant projects. Claimed national importance based on EV industry significance and clean energy priorities. AAO dismissed because specific endeavor as cost estimator lacks national importance; industry importance and personal role value insufficient; no evidence of original innovations or broader prospective impact.

A civil engineer with a Master's degree in civil engineering proposed research on recycled materials in asphalt pavement. The AAO held the proposed endeavor, while occurring in a STEM field, lacks substantial national importance because it shows no broader implications commensurate with national interest, failing the first Dhanasar prong.

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.

Construction manager self-petitioner sought NIW for EB-2 based on sustainable building renovation company serving low- and high-income clients. AAO affirmed Service Center denial, finding proposed endeavor lacked national importance; focus on sustainable construction generally and unsupported economic impact insufficient.

Civil engineer as CEO of Massachusetts construction consulting firm seeks NIW for sustainability and technology integration services. AAO affirmed dismissal, finding proposed endeavor lacks national importance; consulting work lacks potential to spur broader construction change or provide substantial economic effects.

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.

Health and safety engineer claiming EB-2 with national interest waiver. AAO affirmed that claimed endeavor lacks national importance despite proposing work in construction and rail safety; field importance alone insufficient without evidence of prospective impact. Appeal dismissed.