Published AAO appeal decisions

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.

A civil engineer sought extraordinary ability classification, initially claiming seven criteria. The director found two satisfied. The AAO withdrew the published material finding, rejected membership, original contributions and high salary, treated other criteria as waived, and dismissed because fewer than three criteria were met and acclaim was not shown.

Civil engineer and construction manager seeking EB-2 advanced degree with national interest waiver to develop innovative construction technologies and disaster-resilient infrastructure. Proposed endeavor has merit but lacks national importance. AAO dismissed because evidence shows only positive career impact, not broader national or industry significance; petitioner conflated importance of profession with importance of specific proposed endeavor.

A civil engineer sought EB-2 NIW status to establish an asphalt and paving consulting firm in Vermont offering training and management services. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance because it would not extend beyond local clientele to impact the construction industry broadly.

Self-petitioner water resources engineer sought EB-1A extraordinary ability. AAO affirmed denial, finding petitioner met only two of ten criteria (articles and judging) and failed to establish national or international acclaim or standing among top percentage of field despite research contributions.

Civil engineer with advanced degree and prior research experience in China seeks EB-2 with national interest waiver for senior engineering position in geotechnical research. AAO affirmed denial because proposed endeavor, though meritorious, lacks national importance; impact confined to employer and engineer rather than broader industry significance.

Civil engineer and entrepreneur sought NIW for EB-2 to operate construction management company focused on sustainable projects. AAO dismissed appeal, finding proposed endeavor lacks national importance and petitioner not adequately well-positioned to advance it, despite working in important field.

Surveyor seeking NIW for surveying services consulting company. Argued endeavor addresses national surveyor shortage and supports construction industry. AAO dismissed appeal, finding proposed endeavor lacked national importance despite industry challenges; specific endeavor insufficient to establish broader implications.

Urban planner with foreign advanced degrees in architecture and sustainable urban planning seeks EB-2 NIW classification. Petitioner met advanced degree professional standard and Director found substantial merit, but failed national importance prong. Decision held that creating 15-minute cities at specific location lacks broader field implications or national-level significance required by Dhanasar.

Self-petitioner civil engineer and entrepreneur seeks EB-2 NIW for construction management and consulting company. AAO held proposed endeavor lacks national importance under Dhanasar because business plan shows no prospective impact beyond specific company clients or broader field implications, insufficient to demonstrate substantial positive economic effects.

Civil construction project manager with master's degree proposes Florida-based residential and commercial remodeling company. AAO dismissed the national interest waiver appeal, finding the business plan lacked documented evidence of prospective impact beyond serving specific clients or employees, and projected revenues and job creation were insufficient to demonstrate national importance.

A civil engineer with advanced degree sought EB-2 NIW. Under Dhanasar, the AAO found he failed the second prong: his business plan, progress, and evidence of investor or customer interest did not establish he was well-positioned to advance his proposed endeavor. The appeal was dismissed without addressing the first and third prongs.

Civil engineer entrepreneur seeking NIW for engineering consulting and project management company. Claimed national importance based on construction industry significance and infrastructure projects. AAO affirmed denial, finding that one business's revenue and job creation insufficient for national impact; industry importance does not establish individual venture's national importance.

An applied mathematics and structural engineering researcher with a master's degree seeks NIW. Claimed all three Dhanasar prongs. The AAO held all three prongs met: the research endeavor has substantial merit and national importance; the petitioner's education, experience, and research accomplishments position him to advance the work; and the waiver benefits the United States.

Civil engineer and project manager seeks NIW for EB-2 classification to offer project management consulting for construction and infrastructure projects. AAO dismissed appeal, finding the proposed endeavor lacks sufficient national importance; record does not establish substantial economic effects or job creation at required scale despite general industry importance.

Civil engineer sought EB-2 with NIW. AAO found substantial merit in proposed consulting endeavor but no national importance; specific endeavor lacks broader implications despite importance of engineering field; engineer shortage alone insufficient.