Published AAO appeal decisions

An aerospace quality engineer sought NIW claiming his work on quality standards and mentoring would benefit the aviation industry. The AAO dismissed the appeal because he failed to establish that his specific proposed endeavor had national importance beyond typical occupational duties.

Research associate with master's in mechanical engineering sought EB-2 NIW to continue carbon capture and sustainable aviation fuel research. First prong met. AAO affirmed second prong failure: education strong but lacks Ph.D., plan insufficient, no documented role in obtaining funding; appeal dismissed.

Automotive engineer sought EB-2 NIW to develop Advanced Driver Assistance Systems. AAO clarified Dhanasar does not require percentage thresholds but affirmed petitioner failed to show broad technological or public safety implications at national importance level. Motions to reopen and reconsider dismissed.

An aircraft maintenance technician sought NIW for EB-2. The AAO found the proposed endeavor met the first Dhanasar prong on national importance but dismissed for failing the second prong. The petitioner lacked documented evidence of company existence, adequate funding, and a credible team to advance the proposed business.

A post-doctoral researcher in engineering mechanics sought EB-1A classification. The AAO dismissed the appeal, finding the petitioner met only one of three claimed criteria and failed to demonstrate that his original contributions had major significance, falling short of the three-criterion threshold.

A mechanical engineering researcher with an advanced degree sought EB-2 national interest waiver. AAO dismissed the appeal, finding she was not well-positioned to advance her proposed sustainable energy research endeavor, and declining to reach the first and third prongs.

A doctoral student in mechanical engineering proposed work on HVAC system efficiency improvement. The AAO dismissed the appeal, holding that the applicant failed to demonstrate national importance of the specific endeavor; the general importance of energy efficiency in buildings was insufficient without showing broader field impact.

An oil and gas mechanical engineer sought EB-1A extraordinary ability classification. Although he satisfied three regulatory criteria (judging, scholarly articles, leading roles), the final merits analysis found he lacked sustained national or international acclaim and did not rank among the very top of his field.

Project engineer seeks national interest waiver for EB-2 classification. Business plan proposed personalized training in project engineering with claims of reducing reliance on foreign contractors. AAO found endeavor substantially meritorious but lacked national importance because benefits were specific to employer rather than having broader implications for the field.

Marine engineer and FSRU vessel manager sought NIW under Dhanasar framework. Despite EB-2 qualification, petitioner failed to establish national importance of specific endeavor in shipbuilding and energy security. References to federal programs insufficient without demonstrating direct involvement. Appeal dismissed.

Project engineer seeking EB-2 NIW for advanced simulation software development in mechanical engineering. AAO found proposed endeavor has substantial merit but lacks national importance; impact on field insufficient and not extending beyond employer to justify waiver. Appeal dismissed.

A mechanical engineer with an advanced degree sought an NIW for a proposed endeavor in ultrasonic guided-wave damage detection for infrastructure. The AAO dismissed the appeal, finding the petitioner failed to establish national importance of the specific endeavor despite its STEM and emerging-technology focus.

An aerospace engineer with a Ph.D. seeking EB-2 with NIW for fatigue/damage tolerance research demonstrated the first Dhanasar prong but failed the second, lacking evidence his work influenced the field or represented record of success in advancing the endeavor.

Senior reliability engineer with Ph.D. in mechanical engineering sought NIW for continued work in consumer electronics hardware reliability testing. AAO found work lacked national importance; specific endeavor did not have broader implications beyond assigned hardware modules despite field importance.

Automotive engineer seeking NIW for startup consulting company. Claimed national importance through workforce upskilling and STEM education. AAO dismissed because specific endeavor lacks national importance; industry importance and general workforce education insufficient under Dhanasar framework.

A director of product compliance at a school bus manufacturer sought extraordinary ability classification. The service center found only a high salary criterion met, and he claimed five more on appeal. The AAO found memberships, published material, contributions and scholarly articles unmet, leaving fewer than three criteria, and dismissed the appeal.

A manufacturing engineer in the automotive sector sought an EB-2 classification with a national interest waiver, claiming the work would improve manufacturing efficiency. The decision is an NIW case, not extraordinary ability. The appeal was dismissed because the national importance of the specific endeavor was not shown beyond the employer's plant.

An automotive engineer seeks EB-2 with national interest waiver to develop advanced safety features for vehicles. He claimed impact on road safety and public health but failed to establish broader field applications or how the endeavor transcends organizational level impact. The AAO dismissed the appeal.

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.