Published AAO appeal decisions

An electrical engineering Ph.D. candidate sought EB-2 national interest waiver for research on power electronics for renewable energy. The AAO dismissed the appeal, finding the endeavor had substantial merit and national importance but the petitioner failed to demonstrate she was well positioned to advance it via her research record and impact.

An electrical engineer sought EB-2 national interest waiver. The AAO found petitioner established substantial merit but failed to demonstrate that the specific proposed endeavor of providing engineering services had national importance under the Dhanasar framework. Lacking prospective impact evidence, the petition was dismissed without reaching remaining prongs.

Engineer seeking NIW for electrical engineering consulting startup. Petitioner claimed endeavor had national importance for energy systems and sustainability. AAO dismissed motion, finding articles showed field importance but not specific endeavor impact or prospective national significance.

A chemical engineer in nondestructive testing sought EB-1A classification. On motion to reconsider, he disputed the dismissal of his appeal without presenting new evidence or facts. The AAO found he failed to establish three required criteria and upheld the dismissal.

Electrical engineer proposing specialized consulting company seeking EB-2 with NIW. AAO affirmed underlying EB-2 eligibility but dismissed appeal, finding proposed endeavor lacks national importance despite focus on modernization and sustainability.

A power and automation technologies company sponsored an engineer for EB-2 classification with a national interest waiver. The AAO found his work on maritime vessel electrification lacks national importance. Although general government programs support electrification, the engineer's specific proposed endeavor was not established to impact these initiatives or benefit the field broadly.

Electrical engineer seeking EB-2 with national interest waiver. Claimed advanced degree based on bachelor's plus five years foreign experience and proposed AI-driven manufacturing modernization. AAO dismissed because foreign employment documentation was insufficient and proposed endeavor lacked demonstrated national importance beyond local economic activity.

Integrated circuit design engineer specializing in semiconductors sought EB-2 advanced degree and NIW. AAO found proposed endeavor has substantial merit but lacks national importance; working in critical field insufficient without evidence of specific endeavor's prospective impact.

An electrical engineer with an MBA sought EB-2 classification and NIW for a consulting firm offering process safety and sustainable energy services. The proposed endeavor lacks national importance; it does not extend beyond the petitioner's employer and clients to impact the field broadly or employ disadvantaged workers.

Senior staff engineer in semiconductor electronics and thermal management seeking EB-1A extraordinary ability. Claimed original contributions of major significance through citations and expert letters. AAO affirmed denial because citation count not high relative to peers and expert letters lack field-wide impact documentation beyond employer.

An employer petitioned for a national interest waiver for an engineer working in the electric vehicle sector, who holds an advanced degree. The AAO dismissed the appeal, finding the endeavor had substantial merit but that national importance was not shown, since the evidence stressed industry importance rather than the specific endeavor's impact.

Semiconductor company petitioning for beneficiary as EB-2 professional with advanced degree for graphics and compute product optimization research. Director found endeavor of substantial merit and national importance but beneficiary lacks advanced degree (Ph.D.) and demonstrated track record of success in proposed research area, failing second prong.

Electrical engineer claiming EB-2 with national interest waiver. AAO agreed first prong met but found petitioner failed to demonstrate she was well positioned to advance proposed research endeavor, lacking evidence of grant funding, significant research impact, or specific future plan. Appeal dismissed.

Electrical engineer sought EB-2 with national interest waiver to work as independent contractor in automotive manufacturing. AAO held proposed endeavor lacks national importance because evidence does not show broader field implications, job creation potential, or substantial economic benefits beyond individual work.

A mechanical engineer and researcher with doctorate pursuing research on electric motor efficiency and AI integration. The AAO found the first prong met as the research addresses critical emerging technologies, but dismissed because petitioner failed to demonstrate institutional interest or funding securing his well-positioning to advance the research.

A company petitioned for an industrial automation specialist seeking EB-2 exceptional ability classification with a national interest waiver. The service center denied it and dismissed a motion to reconsider. The AAO dismissed the appeal because the petitioner addressed the original denial, not errors in the motion dismissal, and tried to materially change the petition.

Electrical engineering researcher sought EB-2 NIW for work on renewable energy integration into power grids. AAO held proposed endeavor lacks national importance; research shows no implications beyond university context; appeal dismissed.

An electrical engineer and project manager in renewable energy seeking EB-2 with national interest waiver. AAO held the specific endeavor lacks national importance under Dhanasar because evidence addresses professional credentials and industry significance, not the proposed endeavor's broader national impact or demonstrated employment potential.

Electrical and computer engineering researcher with master's degree sought EB-2 classification and national interest waiver. AAO found the proposed research endeavor has national importance but dismissed appeal because petitioner failed to demonstrate being well-positioned to advance it.

An electrical engineer and project manager seeks EB-2 national interest waiver for proposed data center consulting work. Petitioner claimed the endeavor would enhance U.S. data infrastructure, security, and sustainability. AAO held the proposed endeavor lacks specific description and demonstrated national importance; asserted importance of the industry itself does not establish national importance of the specific endeavor.

Electrical engineer sought EB-2 national interest waiver to work without labor certification. Petitioner claimed his endeavor had national importance through economic growth. AAO held the record showed insufficient evidence of impact beyond the specific employer and clients, lacking broader implications required by Dhanasar.

An electrical engineer proposed work in sustainable energy, smart telecommunications, and lighting systems, claiming alignment with national clean energy initiatives. The AAO held that importance of sustainable energy as field does not establish national importance of her specific endeavor; no evidence she would directly employ U.S. workers or achieve field-wide impact.

Electrical engineer sought EB-2 with national interest waiver. Claimed his electromagnetic compatibility testing and aircraft lightning protection work had national importance. AAO dismissed, finding petitioner showed field importance but not how his individual work would have broader implications or substantial economic effects as required.

Security systems and electrical engineer self-petitioner sought EB-2 NIW. Director denied underlying EB-2 eligibility and NIW. AAO found endeavor has merit but lacks national importance required by Dhanasar's first prong, dismissing appeal without reaching remaining criteria.

Electrical project engineer with advanced degree seeking EB-2 and NIW for manufacturing consulting work. Director found substantial merit but not national importance. AAO affirmed that petitioner's proposed work would benefit only her employer or clients, lacking broader industry implications or substantial positive economic effects for the nation.