Published AAO appeal decisions

A solar energy company sponsored an accounting manager for EB-2 NIW work on accounting and financial duties for solar and battery storage projects. The AAO dismissed the appeal, finding the beneficiary's specific services lacked national importance because impact was limited to company and clients, not broader industry or economy.

Self-petitioner, professor in Nigeria with Ph.D., proposed research on nanostructured materials to remove contaminants and microplastics from water for treatment and desalination. AAO sustained appeal, finding all three Dhanasar prongs satisfied: research has national importance for U.S. water quality; petitioner well positioned to advance with relevant expertise and track record.

A petroleum engineering doctoral student seeks EB-2 with national interest waiver for research developing carbon nanotube products for oil and gas companies to reduce environmental impact. The AAO found substantial merit but no national importance; expert letters and general climate goals insufficient to demonstrate the specific endeavor's prospective impact on industry or field.

A researcher with a master's in power engineering sought EB-2 classification with national interest waiver for endeavor developing sustainable integrated power systems. The AAO dismissed the appeal, finding him not well-positioned to advance the endeavor despite the proposed work having national importance; education alone does not establish positioning.

Technical project manager with Ph.D. equivalent sought NIW for EB-2. Proposed developing thermal management designs for data centers and electronics. Failed to demonstrate national importance; petitioner's planned role as employee rather than independent researcher reduced prospective impact. Appeal dismissed.

Entrepreneur with power engineering and process automation expertise seeks EB-2 NIW classification. Petitioner met advanced degree professional standard and Director found substantial merit, but failed to establish national importance of proposed endeavor. Decision held that general assertions regarding job growth and emissions reduction lack sufficient corroborating evidence.

Entrepreneur and CEO self-petitioner sought EB-2 NIW for renewable energy venture. Director approved underlying EB-2 but denied NIW. AAO agreed endeavor lacks national importance; working in important field insufficient without demonstrating prospective impact on field broadly.

Subsea engineer sought EB-2 national interest waiver for petroleum engineering role. Petitioner cited clean energy importance and industry reports. AAO held the field's national importance did not establish his specific endeavor's national importance; no evidence of projected economic impact or employment generation from his services.

A climate scientist sought EB-2 NIW classification. The AAO found the endeavor of improving climate models has substantial merit and national importance, meeting the first prong. However, the petitioner failed to establish he is well-positioned to advance it, and the balance prong was not reached. Appeal dismissed.

Energy professional in directional drilling seeking NIW for EB-2. Claimed national importance through oil and gas field importance and technical advancements for sustainable energy. AAO dismissed, finding substantial merit established but national importance not shown; petitioner confused field importance with specific endeavor impact and failed to demonstrate broad implications.

Sustainability specialist sought EB-2 with national interest waiver. He claimed work helping companies become sustainable would address climate change and create jobs. AAO dismissed because the proposed endeavor lacked sufficient evidence of national importance; general assertions about economic impact without concrete corroboration were insufficient.

Environmental consultant with advanced degree sought NIW for EB-2. First prong established but failed second prong: no demonstrated environmental consulting skills, business formation steps, or evidence of customer interest despite business plan and language fluency. Appeal dismissed.

Oil and gas project manager with advanced degree seeks NIW. Director found substantial merit but not national importance. AAO affirmed that proposed endeavor lacks necessary prospective impact, broader field implications, or significant U.S. job creation or economic effects at national level.

Materials engineer sought NIW for fuel cell research work. AAO affirmed denial, finding the proposed laboratory activities lacked national importance despite work in a critical STEM field. Specific endeavor did not demonstrate broader implications or potential for significant employment or economic effects beyond employer.

Real estate developer sought EB-2 with NIW for home building and remodeling using green technologies and sustainable practices. Director found endeavor nationally important; AAO reversed, finding vague strategy lacking prospective impact and petitioner not adequately positioned. Appeal dismissed on two independent bases.

Advanced degree professional in asset integrity and maintenance engineering proposed endeavor advancing energy, environmental, and disease prevention sectors. AAO dismissed appeal for failure to establish national importance and also found willful misrepresentation through fabricated emails in prior petitions.

Environmental and sustainability professional sought EB-2 exceptional ability classification and NIW. AAO dismissed appeal because petitioner failed to meet the threshold requirement of three of six regulatory criteria for exceptional ability, making NIW analysis unnecessary and reserved.

An advanced degree professional sought EB-2 national interest waiver for work improving oil and gas extraction processes. The AAO dismissed the appeal, finding the proposed endeavor lacked substantial merit and national importance due to inconsistent and vague descriptions of specific plans and insufficient evidence of prospective economic effects.

An energy industry entrepreneur and consultant with an advanced degree sought EB-2 NIW to establish a renewable energy company in Kentucky. The AAO dismissed the appeal because the petitioner lacked probative expert evidence or government documentation demonstrating national importance or prospective impact commensurate with national initiatives.

Petroleum engineer proposes work on cost-effective, environmentally sustainable hydrocarbon recovery using digital technologies for oil and gas operators. Claimed national importance addressing U.S. energy security and sector innovation. AAO affirmed denial: statements emphasize personal expertise rather than specific endeavor scope; lacks detailed plan or evidence the work extends beyond prospective employer to impact industry broadly.

Electrical technician seeking NIW for self-employed energy management consulting company. AAO dismissed because petitioner failed first prong: generic articles on energy importance and entrepreneurship did not establish that her specific endeavor would create substantial economic impact or broadly enhance societal welfare.

Electrical engineer employed to provide energy efficiency consulting and audits seeks NIW. AAO affirmed denial because proposed work lacks national importance; local impact on customers insufficient. Petitioner failed to show broader implications or substantial economic effects required under Dhanasar first prong.

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.