Published AAO appeal decisions

Radio frequency engineer seeks NIW to establish wireless network design consulting firm. AAO held endeavor has substantial merit but lacks national importance; petitioner's expertise addresses prong two, not the specific endeavor's prospective impact. First prong failure dispositive.

An electrical engineer sought a national interest waiver for renewable energy work. The AAO found his proposed endeavor had substantial merit and national importance, he was well positioned to advance it with relevant experience and credentials, and on balance a waiver would benefit the United States in critical energy technology.

Electrical engineer with 11 years IT and electrical engineering experience sought EB-2 national interest waiver for venture addressing cybersecurity, IoT, and sustainable energy. AAO dismissed: proposed endeavor lacked evidence of national importance and substantial impact on relevant industries despite general industry significance.

Mechatronics engineer sought EB-2 exceptional ability classification and NIW. AAO affirmed denial because petitioner met only two of six criteria for exceptional ability; vocational diploma and training courses not comparable to professional license or certification required.

A telecommunications engineer and electronics specialist proposed advancing telecommunications technology solutions. The AAO dismissed the appeal, finding the petitioner provided insufficient evidence of specific endeavor scope, failed to distinguish from existing solutions, and lacked expert letters demonstrating national implications distinct from general field importance.

Telecommunications engineer seeking EB-2 advanced degree classification and national interest waiver. AAO dismissed appeal because petitioner failed to establish that his specific proposed endeavor has national importance; expertise and prior achievements insufficient to demonstrate prospective impact of the particular work itself.

Technology company petitioned for embedded systems architect with advanced degree; sought NIW for EB-2. AAO sustained appeal, finding proposed endeavor in motor controls and EV charging has national importance, beneficiary well-positioned to advance it, and waiver benefits the US based on track record and critical STEM contributions.

Electromechanical engineer sought exceptional ability classification and national interest waiver. AAO dismissed appeal because petitioner failed first Dhanasar prong: did not establish national importance of proposed endeavor; submitted insufficient evidence identifying endeavor with specificity or demonstrating prospective impact. Reserved decision on underlying exceptional ability eligibility.

Electrical technician sought EB-2 exceptional ability and national interest waiver. Petitioner met only one of six exceptional ability criteria (academic record); failed on work experience, licensure, and salary. Failed first prong of Dhanasar test by not establishing national importance of proposed endeavor. Appeal dismissed.

Electrical engineer sought EB-2 NIW to own and operate a solar energy engineering business in Florida. AAO held the specific endeavor lacks national importance despite the importance of the solar energy field; unsupported claims of hiring and economic benefits do not meet Dhanasar's first prong.

Electrical engineer with decades of experience seeks EB-2 national interest waiver for consulting services bridging European and American electrical systems. Claimed national importance based on STEM shortage and consulting services. AAO dismissed, finding consulting services do not extend beyond client base to impact industry broadly; revenue and employment projections insufficient for substantial economic effects.

An engineer with exceptional ability qualification sought NIW for his electrical construction company focusing on sustainability. The AAO agreed with the Director that although he qualifies as exceptionally able, his specific proposed endeavor lacks national importance; STEM and sustainability fields alone do not establish impact at required level.

Electrical engineer sought EB-2 advanced degree classification and NIW for proposed energy efficiency and renewable energy services business. AAO found petitioner qualified as advanced degree professional but failed NIW first prong. Proposed endeavor had substantial merit but lacked national importance; no evidence of prospective economic impact or job creation at level required by Dhanasar.

Electrical engineer sought NIW under EB-2 as advanced degree professional. Proposed establishing engineering consulting business in automation and manufacturing. AAO dismissed, finding record did not establish national importance of specific endeavor; petitioner's experience and STEM field importance related to second prong, not endeavor's prospective impact.

Electronics engineer sought EB-2 NIW to develop and market medical smartphone applications. AAO reversed on first prong, finding national importance established, but upheld denial on second prong: insufficient evidence of success in app development, no prior related business experience, and post-filing customer interest letters undermined preparedness claim.

Telecommunications engineer sought NIW claiming national importance of network engineering work. Petitioner argued Director applied stricter standard and cited professor letters supporting endeavor value. AAO dismissed, finding specific projects lack national implications in telecommunications field or national economy.

Engineer with sales and management experience seeking NIW for consulting company focused on electrical engineering and US-South American business facilitation. Meets EB-2 advanced degree requirement but fails to establish national importance of proposed endeavor; economic impact not sufficiently demonstrated. Appeal dismissed.

Electrical and automation engineer seeking EB-2 with NIW to work in petroleum industry. Argued national importance exceeds prior Dhanasar petitioner and challenged impact standard. AAO affirmed denial: field importance does not establish national importance of specific endeavor; petitioner does not qualify as advanced degree professional due to insufficient documented work experience.

A plastic packaging manufacturer petitioned for a beneficiary seeking EB-2 NIW classification as an advanced degree professional or individual of exceptional ability. The AAO upheld the denial, finding the beneficiary lacked five years progressive post-baccalaureate experience for advanced degree status and failed to meet at least three criteria for exceptional ability. NIW was moot.

An electrical engineer sought an EB-2 national interest waiver for a self-employed consultancy in oil and gas. The AAO affirmed dismissal, finding the engineer's expertise and work, while valuable, lacked evidence of national importance, broader field implications, or substantial economic benefit required by Dhanasar.

Electrical engineer with advanced degree seeks national interest waiver for employment in energy systems management. AAO dismissed the appeal, finding the petitioner failed to establish that his proposed endeavor has national importance, as his work would not impact the broader field or economy.

Electrical engineering researcher with advanced degree self-petitioner sought NIW for research in computational electromagnetics and integro-differential equations. AAO found all three Dhanasar prongs satisfied: proposed research has substantial merit and national importance, petitioner is well positioned to advance it, and waiver benefits the United States.

Electrical engineer sought EB-2 with national interest waiver. Initially described endeavor as continuing work in manufacturing; later added new business launch and service company plans. AAO held petitioner provided inconsistent and materially changed information about proposed endeavor; national importance not demonstrated; first prong failed.

An electrical engineer in industrial automation sought EB-2 NIW classification. The AAO affirmed the Director's finding that the petitioner lacks an advanced degree and met only two of six exceptional ability criteria, falling short of the three-criterion threshold. National interest waiver analysis was not reached.

An electrical engineer with a master's degree in engineering seeks NIW for EB-2 as self-petitioner. AAO found substantial merit and national importance of his research endeavor but dismissed because he failed to show he is well positioned to advance it; his temporary Ph.D. student position, prospective postdoc role, and published work lacked demonstrated impact on field.