Published AAO appeal decisions

Entrepreneurial marketing director lacks advanced degree and fails EB-2 exceptional ability criteria. Also ineligible for NIW because petitioner changed proposed endeavor articulation, creating ambiguity; AAO could not apply Dhanasar framework to dueling proposed endeavors.

Research foundation sought EB-2 NIW for beneficiary to conduct epidemiological research on mental health in Puerto Rican youth as part of NIH ECHO program. AAO sustained appeal, finding the research has national importance, beneficiary is well-positioned with relevant expertise, and waiving labor certification benefits U.S. scientific interests.

Physiotherapist sought EB-2 NIW. Director found substantial merit and second prong established but national importance absent. Petitioner reiterated same evidence and arguments on appeal without new support. AAO affirmed national importance was not established; benefits limited to specific institution.

Veterinary researcher with PhD sought NIW for EB-2 to continue infectious disease and antibiotic-resistance research. AAO sustained appeal, finding all three Dhanasar prongs met: proposed endeavor of substantial merit and national importance, petitioner well positioned to advance it, and waiver beneficial to United States.

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.