Published AAO appeal decisions

Research associate in electrical and computer engineering conducting NSF-funded research on miniaturized robots for cardiovascular treatment and underwater systems. AAO sustained appeal, finding he satisfied all three Dhanasar prongs: national importance established, well positioned via publications and grants, and contributions sufficiently valuable to benefit the United States.

Senior process engineer with Ph.D. in physics sought national interest waiver for EB-2 advanced degree classification. Work involved development of materials and manufacturing processes. AAO found petitioner failed to establish national importance of proposed endeavor; general environmental goals and internal process improvements lack sufficient prospective impact; dismissed.

An electrical engineer sought extraordinary ability classification after the service center revoked an earlier approval. On appeal, the petitioner submitted an affidavit and letter about the lengthy procedural history and stress, but no substantive response to the revocation grounds. The AAO summarily dismissed the appeal for failing to identify any specific error of law or fact.

Senior application engineer and researcher with advanced degree in electrical engineering sought NIW for EB-2. AAO found beneficiary qualified for EB-2 but dismissed appeal because proposed endeavor lacked sufficient national importance beyond the specific employer.

Senior electrical engineer seeking EB-2 with national interest waiver. Petitioner qualified for EB-2 as advanced degree professional but failed NIW first prong: proposed endeavor in wireless communication and device development lacked demonstrated national importance beyond company-specific applications.

Metallurgist with advanced degree employed as research engineer sought national interest waiver of job offer requirement for EB-2 classification. AAO found proposed 3D printing research has substantial merit and national importance, and petitioner well positioned to advance it. However, petitioner failed to demonstrate that waiver would benefit United States on balance; dismissed.

An engineer employed at a semiconductor tool manufacturer seeks a national interest waiver for EB-2 classification. He proposed to continue research and development of proprietary tools in his specialized field. The AAO dismissed the appeal, finding his work lacks national importance because evidence does not show broader implications beyond his employer's operations or demonstrate significant potential to employ U.S. workers.

A MEMS researcher sought NIW for advanced research in MEMS device design and fabrication. The AAO found his proposed work met the first Dhanasar prong but lacked sufficient evidence under the second prong that he is well positioned to advance the research independently.