Published AAO appeal decisions

A civil engineer and project manager sought EB-2 advanced degree classification and national interest waiver. USCIS found him qualified for EB-2 but the AAO held his proposed construction project management endeavor lacked national importance under the first Dhanasar prong because it would not extend beyond his clients to impact the field or economy broadly.

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.

Brazilian entrepreneur in civil engineering sought NIW for EB-2 advanced degree classification. Petitioner claimed substantial merit and national importance of endeavor to develop and expand company operations. AAO held proposed endeavor lacked clarity and demonstrated insufficient prospective impact beyond his own business clientele to establish national importance.

A topography specialist sought EB-2 NIW for infrastructure and aviation work, claiming national importance through improved infrastructure and national security contributions. The AAO dismissed, finding the proposed endeavor was routine technical services for specific projects without demonstrated broader impact on the field or industry.

Civil engineer and construction project manager sought EB-2 classification and NIW to operate project management business. AAO found substantial merit but no national importance for proposed endeavor. Business plan projecting modest revenue growth and four employees by year five did not demonstrate substantial positive economic effects or broader field impact required for national importance.

Civil engineer and construction manager sought NIW for renovation and construction business in local area. AAO affirmed dismissal, finding proposed endeavor lacked national importance; petitioner's professional experience relates to second prong, not the specific endeavor's broader impact required.

Civil engineer and entrepreneur sought NIW for business providing technical drawings for low-income and commercial projects. AAO affirmed denial; petitioner's credentials and experience cannot alone establish national importance of proposed specific endeavor.

A civil engineer proposing a clean energy consulting company seeking EB-2 with national interest waiver. The AAO affirmed the director's finding that the proposed endeavor lacks national importance. Business plan lacked sufficient detail on worker employment and economic impact. Appeal dismissed on first Dhanasar prong; second and third prongs reserved.

A civil engineer sought EB-2 advanced degree classification with national interest waiver to run his own engineering services company in Florida. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance because it would not impact the civil engineering field broadly and petitioner was not well-positioned to advance it.

Civil engineer sought EB-2 NIW. AAO dismissed after finding petitioner qualified as advanced degree professional but failed to establish national importance of proposed endeavor. Description too vague lacking economic impact specifics.

Civil engineer and entrepreneur sought NIW for affordable residential and commercial real estate development. Possessed advanced degree and proposed endeavor had substantial merit but lacked national importance; record insufficient to demonstrate impact beyond local Florida community.

Architectural engineer sought EB-2 with national interest waiver, claiming high demand for expertise and infrastructure development contributions. AAO dismissed appeal, finding petitioner failed to articulate specific endeavor with national importance; past accomplishments and industry importance of field were insufficient.

Environmental manager with advanced degree sought national interest waiver for EB-2 classification. AAO dismissed appeal because petitioner failed to establish national importance of specific proposed endeavor in occupational health and safety; submitted generic evidence without connecting to broader field implications.

Civil engineer with advanced degree seeks national interest waiver for consulting work. AAO dismissed, finding the business plan contained unexplained discrepancies and the petitioner failed to show his proposed work would reach the level of national importance or substantial economic benefit.

Construction manager sought NIW for telecommunications infrastructure company. AAO dismissed because proposed endeavor's national importance was not established; applicant's work as one of 1,000+ employees at large firm and industry-wide statistics could not substitute for demonstrating the specific proposed company's prospective impact.

A civil engineer sought EB-2 advanced degree classification with NIW. The AAO accepted advanced degree eligibility but dismissed the petition because the petitioner failed to consistently articulate a single, well-defined proposed endeavor, preventing meaningful analysis of its merit, national importance, or positioning.

Construction estimator seeking EB-2 NIW claimed proposed construction firm would address infrastructure and affordable housing. AAO held the specific endeavor lacks national importance because the record does not establish substantial positive economic effects beyond the petitioner's company and clients.

Civil engineer with five years experience sought EB-2 NIW. Qualified as advanced degree professional. AAO found proposed highway and bridge infrastructure work lacked national importance; emphasis on industry significance insufficient. Petitioner's customized solutions not shown to differ from existing U.S. approaches or impact field broadly.

Civil engineer sought EB-2 exceptional ability classification with national interest waiver. Petitioner claimed two additional criteria beyond the one (official academic record) the director found met. AAO held petitioner failed to meet three required criteria for exceptional ability and thus did not reach Dhanasar waiver analysis.

Civil and mechanical engineer in transportation specialization claims national interest waiver for university research endeavor. AAO found insufficient detail regarding national importance; grant funding and projects postdated filing; no evidence of broad field implications beyond local academic work. Appeal dismissed.