Published AAO appeal decisions

Ph.D. student researching alternative energy storage technologies seeking EB-2 with NIW. AAO held all three Dhanasar prongs satisfied: endeavor has substantial merit and national importance; petitioner well positioned through education and prior work; U.S. benefits from waiver. Appeal sustained.

Environmental sustainability consultant seeking EB-2 with NIW to operate sustainable furniture consulting company. AAO held petitioner failed to establish five years progressive experience in specialty and lacks exceptional ability; national importance of endeavor not demonstrated; appeal dismissed.

Self-petitioner, production engineer in oil and gas industry, sought EB-2 advanced degree classification and national interest waiver for continuing role in industry. AAO found petitioner eligible for EB-2 but failed to demonstrate national importance of specific proposed endeavor. Appeal dismissed.

Battery cell engineer with PhD seeks NIW. AAO found Director failed to adequately analyze evidence. AAO determined petitioner established substantial merit and national importance of clean energy research, was well-positioned to advance it, and that waiver would benefit the United States.

Environmental specialist with advanced degree proposing consulting business in environmental policy. AAO affirmed Director finding that petitioner meets first Dhanasar prong but fails second prong: insufficient evidence of ability to advance the endeavor despite academic background and professional experience.

A petroleum drilling engineer holding advanced-degree equivalent sought an EB-2 national interest waiver. The AAO affirmed denial, finding his proposed endeavor of continuing employment in casing and cementing specialization lacked national importance. Though well positioned to advance the work, failure on the first prong precluded waiver eligibility.

Self-employed petroleum geologist with twelve years experience seeks EB-2 NIW. Director found advanced degree qualification but denied NIW. AAO upheld denial on first Dhanasar prong, finding proposed endeavor lacks specific description and national importance; withdrew Director's finding of national importance.

A project manager in sustainable construction seeks NIW for solar panel and green building consulting. AAO dismissed appeal because the endeavor, though meritorious, lacks national importance and the petitioner provided inconsistent and vague descriptions of the specific proposed activities.

Professional with 25 years in oil and gas sought NIW for digital transformation and operations manager role. AAO held substantial merit was established but dismissed because proposed endeavor lacked national importance; applicant's career experience could not substitute for demonstrating the specific endeavor's prospective impact and broader implications.

Drill operator sought EB-2 exceptional ability classification and NIW. AAO affirmed denial because petitioner failed to satisfy three of six exceptional ability criteria under 8 C.F.R. § 204.5(k)(3)(ii); decision reserved opinion on Dhanasar NIW analysis.

Geoscientist seeking national interest waiver for exploration geology work. Director found substantial merit but no national importance. AAO affirmed; endeavor lacks broader implications, significant job creation potential, or substantial positive economic effects beyond employer and clients.

An oil and gas industry consultant with advanced degree seeks NIW for EB-2 classification. He claimed his proposed consulting work would benefit the U.S. energy sector. The AAO dismissed the appeal, finding his endeavor lacked national importance and benefited only his employer and clients, not the broader industry or economy.

A geophysicist engineer seeks NIW for EB-2. AAO dismissed because petitioner failed to establish U.S. equivalency of foreign advanced degree, thus lacking underlying EB-2 qualification; proposed endeavor also lacks demonstrated national importance.

A petroleum engineer seeking NIW claimed ability to advance research on artificial lift technology. The AAO found the proposed endeavor met the first Dhanasar prong but dismissed the appeal because the engineer's publications, citations, education, and journal service did not demonstrate he was well positioned to advance the specific research.

A petroleum engineer sought an EB-2 classification with a national interest waiver. The director accepted the advanced degree and substantial merit but found national importance lacking. The AAO adopted that decision and dismissed the appeal, finding no evidence the work would affect the industry beyond the employer or produce substantial economic effects, and reserved the other prongs.

A postdoctoral researcher in geology and environmental science sought an EB-2 national interest waiver. The AAO accepted advanced degree status but dismissed the appeal because the proposed endeavor was vague and inconsistent, so national importance was not shown under the first Dhanasar prong, and the other prongs were not reached.

A well control instructor sought EB-2 classification with national interest waiver. The AAO found the petitioner qualified as an advanced degree professional and that the proposed endeavor had substantial merit, but the specific work lacked national importance beyond the employer and its contractors.

Process engineer sought national interest waiver under Dhanasar framework. Petitioner qualified as advanced degree holder but failed first prong. Work involved process engineering for employer clients, not broader implications for field or national economy. No sufficient evidence of projected U.S. job creation or substantial economic effects.

Electrical power network communications engineer seeks national interest waiver for EB-2 classification to strengthen U.S. power grid. AAO found first prong met but dismissed appeal because petitioner lacked sufficient evidence of being well positioned to advance the proposed endeavor under second Dhanasar prong.

Energy policy researcher with advanced degree sought NIW for EB-2. AAO found proposed energy research had substantial merit and national importance but dismissed appeal, concluding petitioner failed to demonstrate being well positioned to advance the endeavor without sufficient evidence of means or track record.

A geosteering researcher with advanced degree sought national interest waiver of job offer requirement under Dhanasar framework. All three prongs were satisfied: substantial merit and national importance of research improving drilling operations, petitioner well positioned to advance work, and balance favors waiver. Appeal sustained.

Geophysicist seeking EB-2 national interest waiver for geophysical data processing consulting. Claimed work has substantial merit but lacks national importance because impact extends only to specific clients in oil and gas industry, not the field broadly. Appeal dismissed.

Petroleum engineer sought NIW as EB-2 with advanced degree. Met first Dhanasar prong: carbon sequestration research has substantial merit and national importance. Failed second prong: citation record and publications insufficient to show well-positioned status to advance proposed endeavor.