Published AAO appeal decisions

Project director seeking EB-2 advanced degree and NIW for renewable energy and SME development work. AAO dismissed appeal, finding endeavor ill-defined with three shifting descriptions. Substantial merit finding withdrawn; national importance not demonstrated. Even if first two prongs met, third prong failed due to insufficient evidence of factors favoring waiver.

Researcher in waste conversion for energy storage seeking NIW under EB-2. Claimed eligibility under Dhanasar. AAO dismissed appeal, finding petitioner not well positioned to advance proposed endeavor due to lack of business plan, documented progress, or evidence of customer or investor support.

Energy systems engineer sought NIW for solar-thermal and energy efficiency work. Lacked required DOL forms and made material post-filing changes to proposed endeavor. AAO dismissed for missing initial evidence and material changes to claimed endeavor.

An oil and gas project manager sought EB-2 classification with national interest waiver. The AAO found the petitioner qualified as advanced degree professional but held the proposed endeavor lacked national importance because the petitioner relied on industry significance rather than specific prospective impact of his individual work.

Petroleum engineer established company to provide consulting and training services in oil and gas sector. AAO affirmed denial, finding proposed endeavor lacked national importance despite substantial merit; services were confined to specific clients and workers without broader industry implications required by Dhanasar framework.

Solar energy installations manager with advanced degree seeking NIW. Claimed substantial merit and national importance of solar installation business. AAO found endeavor failed first prong because applicant did not demonstrate prospective impact extending beyond company employees and customers to broader national level.

Sustainability advisor with advanced degree seeking NIW for EB-2. AAO dismissed, finding petitioner's environmental consulting endeavor lacked national importance under first prong of Dhanasar; endeavor limited to client advisory services without broader industry implications or substantial positive national economic effects.

Economist in oil and gas industry seeking EB-2 with NIW as employee or independent consultant. Petitioner claimed expertise supports U.S. transition to cleaner energy and guides LNG companies. AAO held proposed consultancy does not extend beyond prospective employer or clientele to impact field broadly at national importance level.