Published AAO appeal decisions

Mechanical engineer researcher self-petitioner sought NIW under EB-2 for thermal battery development research. AAO affirmed first prong met but reversed on second prong, finding PhD degree and citations insufficient to demonstrate she is well-positioned to advance the proposed endeavor.

Mining engineer and entrepreneur sought EB-2 with national interest waiver for planning and project engineering in construction and mining. AAO affirmed service center denial, finding petitioner established substantial merit but not national importance of proposed endeavor under Dhanasar framework.

A mechanical engineer with a Ph.D. sought an NIW to pursue advanced manufacturing research for healthcare devices. The AAO found the proposed endeavor has substantial merit and national importance but concluded the petitioner did not demonstrate being well positioned to advance it, as education and publication citations alone do not show sufficient record of success.

Beverage company petitions for industrial engineer with advanced degree in quality systems management under EB-2 NIW. Engineer qualifies for underlying EB-2 classification. Proposed work on manufacturing methodologies lacks national importance; focus is company-specific without broader field implications. Appeal dismissed.

An aircraft mechanic and technician sought EB-2 classification based on exceptional ability together with a national interest waiver. The appeal was dismissed because, although three initial criteria were met, he did not show expertise significantly above that of others in the field; the waiver was not reached.

A petroleum and industrial engineer self-petitioned for EB-1A extraordinary ability. He claimed five criteria but failed to establish three required criteria: awards lacked sufficient documentation, membership was abandoned, and scholarly articles did not meet plain language requirements. The AAO dismissed the appeal, finding no evidence of sustained national or international acclaim.

Reliability and maintenance engineer seeking EB-2 NIW. Claimed proposed endeavor has national importance through field importance, environmental safety and economic growth alignment, and corporate interest. AAO held general field importance and typical job duties insufficient; specific endeavor's broader impact and national importance not established.

Aircraft maintenance technician with advanced degree and exceptional ability seeks national interest waiver to continue working in aircraft maintenance and assembly. AAO dismissed appeal because petitioner failed to establish national importance of the proposed endeavor and waived the issue by not addressing it on appeal.

An industrial engineer sought an EB-2 classification with a national interest waiver, relying on recommendation letters, publication and citation records, industry reports, and the STEM nature of his work. The AAO dismissed the appeal because the evidence did not show the national importance of his specific proposed endeavor, so the other prongs were not analyzed.

Industrial engineer seeking EB-2 with national interest waiver for proposed work developing manufacturing solutions for supply chain and healthcare. AAO confirmed advanced degree eligibility but dismissed because proposed endeavor lacks demonstrated national importance; claimed broad impacts were conclusory without supporting evidence.

Automotive parts company petitions for software verification and validation engineer with advanced degree under EB-2 NIW. Engineer qualifies for underlying EB-2 classification. Proposed work on regulatory compliance lacks national importance; does not demonstrate new advancements or significant impact beyond company operations. Appeal dismissed.

Mechanical technician sought EB-1A as self-petitioner. Claimed membership, original contributions, and leading role criteria. AAO found membership criterion not met due to missing certified translation and course completion not establishing outstanding achievement requirement; declined to reach other criteria after petitioner failed three-criterion threshold. Record lacks evidence of sustained acclaim.

A completions and wells engineer held an approved extraordinary ability petition that was revoked after a notice of intent to revoke drew no response. The appeal argued the notice was never received. The AAO dismissed it, finding the notice was properly mailed to the attorney and petitioner, and no rebuttal was filed. No criteria were analyzed.

Drilling engineer and entrepreneur sought extraordinary ability classification. Claimed five criteria including awards, published material, original contributions, leading role, and high salary. AAO affirmed denial, finding awards lacked recognition, article was promotional, and salary claims ignored remuneration requirement. Overall work did not demonstrate sustained national acclaim at extraordinary ability level.

An employer petitions for NIW for a beneficiary working as an automotive HVAC engineer to continue developing energy-efficient electrified HVAC systems. The AAO dismissed because the petitioner failed to establish the beneficiary's specific proposed endeavor has national importance; working in an important field and industry does not establish the specific work extends beyond the employer with broader impact.

An employer sponsored a lead EV applications engineer for EB-2 NIW classification to develop electrified axles for electric and hydrogen fuel cell vehicles. The AAO dismissed the appeal, finding the proposed endeavor lacked demonstrated national importance; work on an important product does not establish the endeavor extends beyond the employer to impact the broader industry.

Airline pilot and instructor with aeronautics background sought EB-2 with national interest waiver for sustainable aviation initiatives. AAO affirmed advanced degree eligibility but dismissed appeal, finding proposed endeavor lacked demonstrated national importance and specific prospective impact plan.

An employer petitions for a mechanical engineer beneficiary seeking EB-2 with national interest waiver for hardware and audio product design. The AAO affirmed the Director's finding that the specific endeavor lacked national importance; while the field involves critical technologies, the individual's specific design tasks alone do not demonstrate broader implications.

A mechatronics engineer seeking EB-2 classification with NIW to create an industrial automation company. The AAO found the proposed endeavor lacks substantial merit and national importance because it has no demonstrated impact beyond the petitioner's own business, and general industry significance does not establish specific endeavor importance.

An engineer seeking EB-1A classification for a startup thermal energy and heat pump systems business claimed two criteria. The AAO found neither the degree nor professional memberships satisfied the requirements and concluded the record does not establish sustained national or international acclaim required for extraordinary ability.

Self-petitioner aeronautical engineer proposing to establish aircraft maintenance and repair services business. Claimed national interest waiver. AAO dismissed appeal because proposed endeavor lacks the national importance required by first prong of Dhanasar framework; business lacks broader implications beyond clients and employees.

Mechanical engineer entrepreneur sought EB-2 NIW for proposed automotive innovation endeavor. AAO found substantial merit established but concluded endeavor lacked national importance; improvements to manufacturing would not extend beyond company clientele to impact field broadly or produce substantial economic benefits.

Drilling engineering executive claiming extraordinary ability. Met three regulatory criteria: judging, leading role, and high salary. AAO held final merits not satisfied; accomplishments lack sustained national or international acclaim sufficient to establish top-tier status in field.

Employer petitioned for NIW for project controls engineer managing capital improvement contracts for school districts. AAO dismissed appeal because engineer's specific work lacks national importance; role in contract administration does not advance STEM or field broadly; industry significance does not establish endeavor significance.

HVAC and electrical professional seeking EB-2 exceptional ability and NIW. AAO affirmed dismissal of motion to reopen and reconsider because petitioner failed to submit new facts supported by affidavits and documentary evidence, and motion to reconsider lacked citations to law or showing decision was incorrect.