Published AAO appeal decisions

Civil engineer with twenty years experience in Pakistan and United Arab Emirates sought EB-1A extraordinary ability classification. AAO dismissed appeal finding petitioner satisfied only one of ten evidentiary criteria and failed to demonstrate sustained national or international acclaim required for EB-1A.

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.

Civil engineer with advanced degree proposing to develop consulting firm providing civil engineering services. AAO dismissed appeal, finding proposed endeavor, though addressing housing shortage, lacks national importance because petitioner provided no evidence of substantial economic effects or job creation directly attributable to his work.

Civil engineer with graduate business coursework seeks NIW. AAO affirmed denial, finding no demonstrated national importance for specific proposed endeavor. Articles on STEM importance and engineering shortages insufficient; analysis must focus on individual's specific endeavor, not industry importance.

A civil engineer sought a national interest waiver for an EB-2 petition to work in civil construction. The AAO affirmed the director's denial, finding the petitioner's proposed business endeavor lacked the national importance required under Dhanasar's first prong, as it would benefit only himself, his companies, and clients without broader industry impact.

Civil engineer seeking EB-2 NIW initially proposed guidance on construction projects in Brazil, then abandoned this for a business plan to form and manage her own construction company. AAO held both proposed endeavors lack national importance; neither establishes substantial positive economic effects beyond her company and clients.

Civil construction specialist with advanced degree sought national interest waiver for EB-2. AAO found proposed endeavor, though meritorious, lacks demonstrated national importance and fails to show broader impact beyond employer and clients. Appeal dismissed.

Self-petitioner health and safety engineer seeking NIW as EB-2. Claimed endeavor in occupational health and safety management has national importance. AAO held proposed endeavor lacks definitive consistent description and sufficient evidence that work would impact the field broadly or generate substantial positive economic effects nationally.

Self-petitioner, project manager and consultant in construction, sought NIW for work as project manager-consultant. Petitioner met underlying EB-2 advanced degree requirement but failed first Dhanasar prong: while construction and green building are important fields, petitioner's specific endeavor lacks national importance, affecting only specific employers rather than field or profession broadly.

Civil engineer qualified for EB-2 advanced degree sought national interest waiver for real estate development and construction company. AAO found his proposed endeavor lacked national importance under Dhanasar's first prong, as it would not sufficiently impact the field or economy beyond his immediate employers.

A transportation researcher with advanced STEM degrees proposed continuing research on modeling tools and methodologies for transportation planning. The AAO sustained the appeal, finding the endeavor has substantial merit and national importance, the petitioner is well positioned to advance it, and national interest favors the waiver.

Transportation engineer with bachelor's degree and work experience sought EB-2 with NIW. AAO found he lacked sufficient post-baccalaureate experience for advanced degree classification and his proposed traffic engineering endeavor lacked the national importance required for waiver under Dhanasar.

A civil engineer proposed a consulting business offering services to road and highway construction companies. The AAO affirmed dismissal because the petitioner failed to demonstrate that the specific endeavor has national importance under Dhanasar; describing the general importance of infrastructure and infrastructure priorities was insufficient without showing prospective impact.

Civil engineer self-petitioner claimed national interest waiver for consulting services in road and highway construction. AAO affirmed denial, finding the proposed endeavor lacks national importance despite industry merit; employment potential and economic effects remain unspecified and insufficient.

Architect and professor sought EB-2 NIW classification. Proposed to continue architectural design and teaching focused on affordable housing and construction projects. AAO dismissed, finding work lacks national importance; does not extend beyond personal projects to impact field or economy at required level.

Civil engineer with two master's degrees sought EB-2 national interest waiver for proposed construction consulting work. Qualifies as advanced degree holder but failed to establish national importance of endeavor. Petitioner showed only localized client benefits without broader field advancement or significant economic impact.

Project engineer sought NIW for EB-2. Service Center approved advanced degree but denied NIW. AAO dismissed because proposed roadway safety endeavor lacked sufficient detail and national importance; no direct connection established between specific endeavor and broader implications.