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.