Published AAO appeal decisions

A quantum optics researcher with PhD in physics seeks NIW for advanced STEM research. AAO sustained approval because the research has substantial merit and national importance per federal science policy, the petitioner is well positioned by education and track record, and the national interest in quantum research outweighs labor market protection.

Physician-researcher in urologic oncology with advanced degree seeks EB-2 national interest waiver. Claimed three Dhanasar prongs: substantial merit of clinical and research endeavor, personal positioning to advance it, and balance favoring waiver. AAO sustained appeal, finding all three prongs met based on clinical care contributions, research trajectory, and public health significance.

Biocompatibility material scientist with Ph.D. seeking EB-2 classification and national interest waiver. Petitioner demonstrated all three Dhanasar prongs: proposed wound care research has national importance, petitioner is well-positioned with advanced degrees and expertise, and waiver benefits U.S. interests. Appeal sustained.

A petroleum drilling engineer holding advanced-degree equivalent sought an EB-2 national interest waiver. The AAO affirmed denial, finding his proposed endeavor of continuing employment in casing and cementing specialization lacked national importance. Though well positioned to advance the work, failure on the first prong precluded waiver eligibility.

Electrical engineering researcher employed in semiconductor development sought NIW for EB-2 classification. Petitioner claimed three Dhanasar prongs. AAO sustained appeal, finding proposed next-generation semiconductor research has national importance, petitioner is well-positioned to advance it, and waiver benefits U.S. interests.

A marketing professional with tourism and hotel management degree sought an EB-2 national interest waiver to start and manage her own tourism business. The AAO affirmed denial, finding her proposed endeavor lacked national importance because it would serve only specific clients without broader economic impact, and she was not well positioned to advance it.

Medical researcher in liver transplantation sought EB-2 NIW. Service center found advanced degree qualification but denied waiver. AAO found proposed research had national importance but petitioner was not well positioned to advance it—lacking sufficient publication record, citations, and field recognition to demonstrate success trajectory.

Bank manager seeking national interest waiver. Director found substantial merit but denied on national importance grounds. AAO affirmed and additionally withdrew director's second-prong finding due to petitioner's inconsistent evidence about the proposed endeavor.

Research associate in electrical and computer engineering conducting NSF-funded research on miniaturized robots for cardiovascular treatment and underwater systems. AAO sustained appeal, finding he satisfied all three Dhanasar prongs: national importance established, well positioned via publications and grants, and contributions sufficiently valuable to benefit the United States.

Project execution supervisor sought national interest waiver for EB-2 advanced degree. AAO dismissed appeal, finding proposed work lacks national importance despite meeting prong two; improvements limited to employer's projects without broader industry impact or demonstrated U.S. economic effects.

A petroleum engineer seeking NIW claimed ability to advance research on artificial lift technology. The AAO found the proposed endeavor met the first Dhanasar prong but dismissed the appeal because the engineer's publications, citations, education, and journal service did not demonstrate he was well positioned to advance the specific research.

A wholesale agricultural products company sought national interest waiver for a beneficiary. The AAO dismissed the appeal because the beneficiary failed to meet exceptional ability requirements and did not establish well-positioning to advance the proposed endeavor or that waiver would benefit the United States.

Metallurgist with advanced degree employed as research engineer sought national interest waiver of job offer requirement for EB-2 classification. AAO found proposed 3D printing research has substantial merit and national importance, and petitioner well positioned to advance it. However, petitioner failed to demonstrate that waiver would benefit United States on balance; dismissed.

Senior research associate with advanced degree in medical data statistics sought NIW for EB-2. AAO dismissed appeal, finding proposed research had national importance but petitioner failed to demonstrate being well positioned to advance it despite citations and peer review work.

Materials chemistry researcher pursuing Ph.D. seeking EB-2 with national interest waiver. Met first Dhanasar prong: proposed research in smart polymers has broader field implications. Failed second prong: insufficient evidence of being well positioned to advance the research despite publications, citations, and support letters. Appeal dismissed.

Instructional technologist with Ph.D. seeking EB-2 national interest waiver. Petitioner established first prong of Dhanasar framework for substantial merit and national importance of proposed endeavor. AAO dismissed because petitioner failed second prong; evidence did not demonstrate adequate record of success or that others in field recognize his work sufficiently.

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.

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.

Petroleum engineer sought NIW as EB-2 with advanced degree. Met first Dhanasar prong: carbon sequestration research has substantial merit and national importance. Failed second prong: citation record and publications insufficient to show well-positioned status to advance proposed endeavor.

Computational mathematics researcher petitioner sought NIW for EB-2 based on infrastructure and transportation research. AAO dismissed appeal because although proposed work met first Dhanasar prong, petitioner failed to demonstrate sufficient record of success or unique contributions to satisfy well-positioned and balancing prongs.

A cardiologist and researcher with advanced degree sought national interest waiver of job offer requirement under Dhanasar framework. The AAO found the proposed research had substantial merit and national importance, but the petitioner was not well positioned to advance it and waiver was not in balance beneficial to the U.S. Appeal dismissed.

Plastic surgeon appealed EB-2 national interest waiver denial under Dhanasar framework. Met first prong (substantial merit and national importance of proposed research). Failed second prong: insufficient evidence he was well-positioned to advance endeavor; lacks documentation of impact or reputation in field.

Industrial hygiene researcher sought EB-2 national interest waiver. Met first prong: proposed occupational safety research has substantial merit and national importance. Failed second prong: insufficient evidence of record of success or field interest. Failed third prong: not shown contributions benefit nation more than available U.S. workers. Appeal dismissed.