Published AAO appeal decisions

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.

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.

Aircraft maintenance technician sought EB-2 exceptional ability with national interest waiver for proposed aircraft maintenance and training business. AAO affirmed denial, finding petitioner failed first prong: specific endeavor lacked demonstrated national importance despite aircraft technician shortage; generic industry value insufficient.

Aircraft mechanic seeking NIW for EB-2 advanced degree or exceptional ability classification. AAO affirmed denial, finding petitioner failed to demonstrate national importance of his specific proposed endeavor of providing aviation mechanical services, conflating industry importance with endeavor-specific national impact.

Aircraft maintenance specialist sought NIW as EB-2 individual of exceptional ability. AAO dismissed, finding petitioner satisfied only one of five claimed exceptional ability criteria and failed to qualify for underlying EB-2 classification. NIW eligibility not reached.

A mechanical engineer sought EB-2 NIW to establish a consulting business. The AAO dismissed the appeal, finding the petitioner failed the first Dhanasar prong: his proposed consultancy lacked business plan detail, identified no specific clients, and did not demonstrate national importance or significant economic impact.

Health and safety engineer sought EB-2 with national interest waiver to develop consulting company promoting workplace and product safety. AAO affirmed denial, finding proposed endeavor failed first Dhanasar prong; petition lacked specific details about consulting activities and demonstrated only local implications without national importance.

Mechanical engineer in automotive industry seeking NIW. Claimed national importance through NAFTA requirements, wage guarantees, manufacturing innovation, and talent shortage. AAO held work lacks national importance because prospective impact limited to individual employers with no evidence extending beyond clientele to influence field or economy broadly.

A mechanical engineer and researcher in additive manufacturing sought employer-sponsored EB-2 NIW for research benefiting aerospace and military industries. The AAO reversed the service center on prong one but dismissed the appeal because the petitioner failed to demonstrate she was well positioned to advance the endeavor through prior success or external support.

Mechanical engineer with advanced degree sought NIW for EB-2 to work on offshore wind farms. AAO dismissed because petitioner failed to establish national importance of the specific proposed endeavor; references to industry importance and personal qualifications were immaterial to the first prong analysis.

Industrial engineer sought EB-2 with national interest waiver to provide machinery maintenance and engineering services. AAO dismissed appeal, finding the proposed endeavor lacks national importance as it would not extend beyond the company and its clients to impact the industry broadly.

Aviation maintenance technician sought EB-2 national interest waiver to advance SMED-based aircraft inspection methodology. AAO dismissed appeal: proposed endeavor lacked national importance and petitioner failed to show he was well-positioned to advance it without concrete plans, publications, or demonstrable progress.

An industrial engineer proposing a small gold-plating production plant. AAO found petitioner qualified as advanced degree professional and was well positioned to advance the endeavor, but failed to establish national importance of the specific proposed business, confusing field importance with endeavor importance.

Industrial engineer sought NIW to operate independent consulting business serving manufacturing and related industries. AAO affirmed denial, finding no evidence the specific endeavor would meaningfully impact targeted industries or demonstrate substantial economic effects at national level.

Industrial and quality engineer seeks EB-2 exceptional ability classification and NIW. AAO affirmed dismissal partly because petitioner abandoned appeal arguments regarding national importance by failing to respond to Director's analysis. Also found first Dhanasar prong unmet.

Industrial engineer proposing multidisciplinary real estate and construction engineering company. Failed to establish that the specific endeavor would substantially impact the field more broadly or produce significant employment or economic effects at a level commensurate with national importance.

Robotics and autonomous systems engineer with Ph.D. sought NIW for proposed autonomous robotics research. AAO held first prong met but dismissed appeal because petitioner is not well-positioned to advance endeavor; lacks specific employment offer and has not demonstrated concrete progress toward employment or research activities required to advance the work.

Power systems project manager with advanced degree petitioned for NIW based on employment with electrical systems company. Claimed all three Dhanasar prongs. AAO found endeavor lacks national importance beyond employer and customers, lacks broader industry implications, and dismissed appeal without addressing remaining prongs.

A field and operations manager sought EB-2 with NIW as an industrial maintenance expert in electrical and hydraulic systems. The AAO dismissed the appeal, finding his proposed work lacked national importance despite documented achievements. His endeavor benefited employers and clients rather than advancing the maintenance field broadly.

Operations management engineer seeks NIW to pursue energy management graduate studies. AAO affirmed denial finding proposed endeavor lacks national importance; while substantial merit shown, record does not demonstrate broader field implications or regional or national impact beyond individual business.

Mechatronics engineer seeking NIW for self-employed industrial consulting focusing on environmental and manufacturing efficiency. AAO dismissed because petitioner failed to establish national importance; confusing proposed company with endeavor and lacking objective evidence of field-level impact did not overcome first prong failure.