Published AAO appeal decisions

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.

Automobile manufacturer petitions for advanced-degree beneficiary as global safety investigations and recalls coordinator. Claimed national importance via safety improvements and industry impact. AAO affirmed dismissal; substantial merit shown but lacks national importance; work improves employer operations without demonstrating broader automotive or safety recall industry impact.

An industrial engineer postdoctoral researcher sought EB-2 national interest waiver for supply chain research. The AAO reversed the Director on national importance, finding alignment with government priorities and field implications. However, the petitioner failed the second prong: insufficient evidence of personal record of success or influence establishing he could advance the endeavor.

An engineer sought EB-2 with NIW to open a consulting firm serving small/medium construction companies. The AAO dismissed, finding the proposed endeavor lacked national importance. Arguments about environmental and economic benefits were insufficient under Dhanasar framework.

Safety engineer seeking EB-2 national interest waiver claiming endeavor would reduce workplace injuries and improve safety programs. AAO held endeavor had substantial merit but lacked national importance; claimed benefits from training, automation, and best practices would benefit only specific employers and customers without broader industry implications commensurate with national importance.

Aircraft mechanic and technician self-petitioner sought EB-2 with national interest waiver. Claimed his specific aircraft interior technician work in Florida had national importance due to aviation industry significance. AAO dismissed, finding petitioner conflated general industry importance with specific endeavor national importance and failed to demonstrate prospective impact of his individual work.

A researcher in advanced manufacturing sought EB-2 with NIW. The Service Center approved the advanced degree requirement. The AAO dismissed, finding the proposed endeavor had substantial merit but lacked national importance; past research accomplishments do not establish future national-level impact.

A mechanical engineering researcher seeking EB-2 classification and national interest waiver to develop new methodologies in vibrations engineering for aerospace and robotics applications. The AAO dismissed the appeal, holding the petitioner failed to establish he is well-positioned to advance the proposed research endeavor under Dhanasar's second prong.

A control systems engineer in the aerospace sector sought a national interest waiver, and the Director had found the first prong met. The AAO withdrew that finding because the proposed endeavor was not specifically defined, found him not well positioned, and dismissed the appeal without reaching the third prong.

Mechanical engineer seeks EB-2 NIW to conduct research and development on belt conveyor products and splicing for mining industry manufacturer. Petitioner claimed work addresses important manufacturing sector but provided insufficient evidence of prospective impact. AAO dismissed because record lacks evidence demonstrating how endeavor impacts mining, manufacturing, or construction fields at national level.

A nanofluid engineer met three initial EB-1A criteria (judging, original contributions, scholarly articles) but failed final merits. The AAO found his publication record (two papers, 2,400 citations, inactive since 2010) does not establish him among the very top researchers relative to peers, and lacks sustained acclaim.

An aviation maintenance specialist sought EB-2 exceptional ability classification and a national interest waiver. The AAO found the salary and recognition evidence insufficient, concluded the minimum threshold criteria were not satisfied, and reserved the Dhanasar analysis as unnecessary, dismissing the appeal.

An industrial technician without underlying EB-2 exceptional ability qualification sought NIW for a construction and mechanical maintenance company. The AAO dismissed, finding neither exceptional ability met nor national importance shown; claimed job creation and economic benefits lacked evidentiary basis and field-level innovation.

Mechanical engineer proposed work in advanced technologies and energy-smart building systems. AAO dismissed appeal, adopting Director's decision; petitioner provided vague endeavor description lacking specific project details, activities, or evidence demonstrating national importance or positioning to advance it.

Industrial engineer seeking EB-2 NIW claimed his engineering firm endeavor had national importance. The AAO affirmed dismissal, finding the endeavor lacked requisite national importance despite substantial merit. Changing role descriptions and absence of prospective broader field impact precluded waiver.

An industrial and refrigeration maintenance technician with an advanced degree sought a national interest waiver for self-employment. The AAO found his proposed endeavor lacked national importance, affecting only individual clients without broader field impact. The remaining Dhanasar prongs were not reached.

Mechanical engineer sought EB-2 NIW. AAO held appeal dismissible due to petitioner's conflicting statements about the proposed endeavor between initial filing and RFE response, making substantive nature unclear and preventing informed determination.

A robotics engineer in the steel industry sought EB-2 exceptional ability and NIW classification. The AAO dismissed because the petitioner failed to meet three required exceptional ability criteria: the degree requirement (GED obtained after filing), ten years full-time experience (insufficient documentation), and salary (not comparable to robotics engineer positions). Underlying EB-2 eligibility was dispositive.

Industrial engineer sought EB-2 with NIW. AAO held petitioner is qualified advanced degree professional but failed Dhanasar first prong; providing engineering services to private companies lacks national importance and broader implications despite importance of manufacturing field.

Quality control engineer in automotive industry sought EB-1A extraordinary ability classification. Petitioner met three regulatory criteria (judging, scholarly articles, critical role) at initial step but failed final merits determination. AAO held insufficient evidence of sustained acclaim or place among small percentage at field top.

Industrial engineer and entrepreneur with foreign engineering degree seeks NIW for EB-2. Proposed owning and operating concrete paver manufacturing company emphasizing eco-friendly products and exports. AAO held the specific endeavor, while having substantial merit, lacks national importance because it does not demonstrate broader field implications.