Published AAO appeal decisions

Mechanical engineer petitioner seeks NIW for self-sponsored work on driving automation technologies. Claimed substantial merit and national importance of proposed endeavor. AAO affirmed denial, finding work lacked demonstrated national importance beyond employer and failed first prong.

Aerospace engineer and robotics researcher sought EB-2 with national interest waiver to research autonomous decision-making algorithms. The AAO found the proposed endeavor had substantial merit and national importance but dismissed the appeal because the petitioner failed to show he was well positioned to advance the research through publications with minimal citations and insufficient evidence of research impact.

Automotive design engineer seeking extraordinary ability classification met only two of ten evidentiary criteria. Appeal dismissed because petitioner failed to provide brief or additional evidence and did not meet the three-criterion threshold required for EB-1A eligibility.

Aircraft maintenance technician sought EB-2 NIW classification. Petitioner claimed exceptional ability but lacked degree of expertise significantly above ordinary in the field. Proposed endeavor for aircraft repair facility and predictive maintenance technologies lacked evidence of national importance under Dhanasar framework; impact limited to local business.

A mechanical engineer sought EB-2 NIW for advanced manufacturing systems. Between filing and appeal, he materially changed his proposed endeavor to intelligent road-signaling systems. AAO dismissed, holding petitioner failed to establish substantive nature of work he proposes and cannot remedy filing deficiencies with materially different evidence on appeal.

A mechanical engineer with Ph.D. equivalent seeks EB-2 national interest waiver for research improving fault diagnosis and predictive maintenance in heavy machinery. The AAO dismissed because the petitioner demonstrated substantial merit but failed to establish national importance, submitting only general background articles without sufficient evidence of prospective national-level impact.

Mining engineer sought EB-2 with national interest waiver to improve domestic mining of critical minerals through block-cave mining expertise. AAO dismissed, finding the proposed endeavor lacked national importance because evidence only demonstrated importance of the critical minerals field itself and benefits to individual companies, not broader implications for the mining industry.

Materials engineer self-petitioner sought NIW for EB-2 advanced degree. AAO affirmed dismissal because petitioner failed to establish national importance of proposed solar industry corrosion management solution; industry-wide statistics do not prove specific endeavor impact. Petitioner also not shown well positioned to advance endeavor.

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.