Published AAO appeal decisions

University sponsored assistant professor in agricultural soil science for national interest waiver. AAO sustained appeal, finding proposed research on greenhouse gas emissions and soil fertility meets all Dhanasar prongs and merits waiver.

A marketing manager sought NIW as EB-2. The AAO found he lacked the advanced degree requirement and failed the first Dhanasar prong: his proposed marketing work lacked national importance despite general industry need. Appeal dismissed.

Financial manager seeking EB-2 with national interest waiver. Proposed work involves financial management for private security company. Failed first Dhanasar prong: insufficient evidence that proposed financial management work has national importance, broader field implications, significant job creation potential, or substantial positive economic effects. Appeal dismissed.

Oral and maxillofacial surgeon sought national interest waiver for EB-2 classification as academic surgeon teaching and mentoring residents. Petitioner met advanced degree requirement but failed to establish national importance of proposed endeavor. Professional shortage and absence of female role models in field insufficient to demonstrate national impact beyond patients and trainees. Appeal dismissed.

Electrical power network communications engineer seeks national interest waiver for EB-2 classification to strengthen U.S. power grid. AAO found first prong met but dismissed appeal because petitioner lacked sufficient evidence of being well positioned to advance the proposed endeavor under second Dhanasar prong.

A biomedical researcher sought EB-2 NIW classification under the Dhanasar framework. The AAO found the proposed research had substantial merit and national importance, but concluded the petitioner failed to demonstrate she was well positioned to advance the research, precluding NIW eligibility.

Physician researcher in cardiovascular medicine with advanced degree seeks EB-2 national interest waiver. AAO found proposed research has substantial merit and national importance but dismissed appeal because petitioner failed to establish being well positioned to advance the proposed research endeavor.

An employer petitioned for an EB-2 national interest waiver for a process engineer with a Ph.D. in chemistry. The AAO dismissed the appeal, finding the beneficiary's proposed process engineering work lacked national importance despite the employer's significant business scale, as the work would not impact the industry broadly.

Healthcare and life sciences management specialist holding advanced degree sought national interest waiver of job offer requirement. Director approved advanced degree classification but denied waiver. AAO found proposed endeavor lacks substantial merit at national level because it extends only to employer and clients without broader field impact. Appeal dismissed.

A financial specialist seeking EB-2 classification with national interest waiver for facilitating Eastern European investment in U.S. real estate. Qualifies as advanced degree holder but fails NIW first prong; proposed endeavor has substantial merit but lacks national importance, showing insufficient economic impact beyond company operations.

A financial manager sought an EB-2 national interest waiver to work for U.S. companies on restructuring and foreign investment attraction. The AAO dismissed because her proposed endeavor lacked national importance; it would only benefit her employer and clients, not the financial services industry or broader economy.

Teacher seeking EB-2 classification with national interest waiver. Advanced degree and exceptional ability claims both rejected; did not satisfy three criteria required. For NIW, proposed special education work found to lack national importance beyond individual school context. Appeal dismissed.