Published AAO appeal decisions

Mechatronics engineer sought EB-2 with national interest waiver. Described endeavor as continued employment with multinational companies on cross-border transactions; later added business plan and service company. AAO held proposed endeavor lacked national importance; business plan materials presented new facts post-filing; letters and articles address industry, not specific endeavor impact.

An aircraft maintenance technician self-petitioned for EB-2 exceptional ability classification and a national interest waiver. The appeal was dismissed after the AAO withdrew the earlier finding on the ten-year experience criterion, leaving fewer than the three required criteria. The final merits and waiver questions were therefore not decided.

Petroleum engineer sought NIW for EB-2. He proposed employment in oil and gas engineering services, claiming national importance based on industry growth. AAO held his specific endeavor lacked national importance because it demonstrated no substantial economic impact or job creation benefit beyond prospective employers.

Drilling engineer with advanced degree seeking national interest waiver for EB-2 classification. Petitioner claimed endeavor in oil and gas drilling had national importance. AAO affirmed Director's finding that endeavor had substantial merit but lacked evidence of national importance; general industry importance does not establish specific endeavor's national importance without prospective economic impact data.

Mechanical engineer sought NIW for self-directed endeavor in product development and quality management. AAO held the proposed endeavor lacks national importance because it serves only the employer and clients, not the broader nation, and general industry importance does not establish specific endeavor importance under Dhanasar.

Marine engineer sought EB-2 classification and national interest waiver. AAO affirmed dismissal because proposed endeavor lacked national importance, affecting only employer and specific projects rather than the broader marine engineering field or national economy.

Mechanical engineer with advanced degree seeking NIW. Proposed endeavor involved high-end engineering work in oil and gas industry. AAO found endeavor has substantial merit but lacks national importance. Impact limited to employer and clients without broader implications for mechanical engineering or oil and gas field. No significant U.S. employment potential shown.

Engineering project manager seeking NIW. Appeal dismissed because petitioner failed to establish eligibility for underlying EB-2 classification; credential evaluation did not comply with regulatory requirements and did not demonstrate academic equivalency of foreign education.

A mechanical and aerospace engineer with Ph.D. sought national interest waiver for EB-2. The AAO found his proposed research had substantial merit and national importance. However, he failed to demonstrate he was well positioned to advance the research because his education alone was insufficient and citation statistics and letters did not show personal research impact on the field.

Journeyman power lineman claimed exceptional ability and national interest waiver under EB-2. AAO found petitioner met only one of six exceptional ability criteria; lacked official academic records from qualifying institutions and failed to meet salary or recognition standards.

Structural engineer seeking NIW as assistant professor and researcher. Proposed endeavor materially changed after filing from researcher role to professor-researcher hybrid; national importance not established; petitioner failed to address director's conclusions on appeal.

Mechanical engineering researcher sought EB-2 national interest waiver for postdoctoral research position in aerospace technology. Qualifies as advanced degree holder but failed to establish national importance of proposed endeavor. Record did not demonstrate how technology advances broader field or has meaningful economic implications.

Maintenance and renovation engineer qualified as advanced degree professional sought national interest waiver. AAO dismissed appeal because petitioner failed to demonstrate national importance of proposed maintenance services endeavor under Dhanasar first prong; work did not show broader implications or substantial economic benefits.

An aerospace engineer sought national interest waiver. AAO found the proposed endeavor had substantial merit and national importance, but the petitioner failed the second prong because his research lacked demonstrated field impact, his role in funding was unclear, and his work showed no record of progress in advancing space research.

Flight simulator engineer sought EB-2 classification and national interest waiver. AAO remanded because Director failed to adequately analyze underlying EB-2 eligibility and did not apply Dhanasar framework to NIW claim despite beneficiary identifying specific proposed endeavor.

Aircraft marketing company sponsoring aircraft design engineer for EB-2 national interest waiver. Beneficiary would perform engineering on passenger-to-ambulance and passenger-to-freight aircraft conversions. AAO affirmed denial, finding endeavor has substantial merit but lacks national importance because record does not show broader industry implications, specific employment details, or sufficient positive economic effects beyond company operations.

Mechanical engineer employed by company seeks national interest waiver for EB-2 classification. Petitioner claimed his mechanical engineering work for automotive manufacturers would have national importance. AAO dismissed appeal, finding insufficient evidence that the specific proposed endeavor has national importance or substantial economic effects, failing the first Dhanasar prong.

Mechanical engineer with Ph.D. seeking EB-2 national interest waiver. Petitioner held advanced degree but failed to establish substantial merit and national importance of proposed endeavor under Dhanasar framework. AAO dismissed because petitioner did not differentiate proposed research from past work or demonstrate prospective impact.

A mechanical engineer with advanced degree sought NIW for HVAC engineering work. The AAO affirmed denial because her proposed work lacked sufficient national importance under Dhanasar's first prong; it would not impact the field broadly beyond her employer and clients.

Aerospace engineer seeks NIW for EB-2 to continue research on aerodynamic and automatic control systems. AAO found proposed research met Dhanasar prong one with national importance and broader field implications. However, petitioner failed prong two: insufficient evidence showed he was well positioned to advance research despite Ph.D., publications, and support letters. Appeal dismissed.

A medical device company sponsored a mechanical R&D engineer for EB-2 exceptional ability classification. This was not a national interest waiver case, and no waiver was requested. The AAO dismissed the appeal because the labor certification and offered wage did not show the position needs a person of exceptional ability.

An aeronautical engineer sought a national interest waiver for EB-2 classification to advise aviation manufacturers. The AAO dismissed the appeal because his proposed specific endeavor lacked demonstrated national importance despite his expertise and credentials, failing to show sufficient prospective impact on the aviation industry.

Engineering manager sought EB-2 national interest waiver for production engineering role in automotive manufacturing. AAO found the work, though valuable, lacked sufficient national importance as her proposed endeavor would not impact the field or industry broadly beyond her employer.

Mechanical engineering researcher with Ph.D. sought NIW for EB-2 advanced degree classification. AAO found his proposed nanoparticle research met the substantial merit and national importance prong but failed the second prong: insufficient evidence he was well positioned to advance the endeavor through funding history and citations.

Mechanical engineering researcher with Ph.D. sought EB-2 national interest waiver for nanoparticle research. First prong met on research merit and national importance. AAO dismissed, finding petitioner failed second prong: insufficient evidence of independent funding acquisition, citation impact, or demonstrated leadership capacity relative to advisors and coauthors.