Published AAO appeal decisions

A research scientist in experimental nuclear physics sought EB-2 NIW classification. The AAO agreed the proposed endeavor had substantial merit and national importance but found the petitioner was not well positioned to advance it based on education, skills, and record of success. Appeal dismissed without reaching the balancing prong.

Electrical engineer and medical imaging researcher with Ph.D. in ultrasound diagnostic analysis sought EB-2 with national interest waiver. Claimed research has broad field implications. AAO sustained, finding all three Dhanasar prongs met: substantial merit and national importance demonstrated, well-positioned given Ph.D. and track record, and U.S. balance favored waiver.

A quality assurance engineer sought EB-2 classification and national interest waiver for a teaching endeavor. The AAO affirmed denial, finding while the petitioner was well-positioned to teach, the proposed software QA education activities lacked national importance and would not impact the field broadly.

A civil engineer with advanced degree sought EB-2 NIW. Under Dhanasar, the AAO found he failed the second prong: his business plan, progress, and evidence of investor or customer interest did not establish he was well-positioned to advance his proposed endeavor. The appeal was dismissed without addressing the first and third prongs.

Urban development planner sought EB-2 with national interest waiver. AAO held petitioner failed the well-positioned prong: lacked specific business model or plan for United States endeavors and no credible evidence of investor or customer interest, despite experience with international projects.

Real estate developer sought EB-2 with NIW for home building and remodeling using green technologies and sustainable practices. Director found endeavor nationally important; AAO reversed, finding vague strategy lacking prospective impact and petitioner not adequately positioned. Appeal dismissed on two independent bases.

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.

Accountant sought EB-2 with national interest waiver for business consulting system for small businesses. AAO held first prong failed: proposed endeavor lacked national importance as general information about small business recovery did not establish specific prospective impact on field or nation; speculation insufficient.

Research scientist in organic chemistry employed at FDA control laboratory sought national interest waiver. AAO sustained appeal: proposed research on reducing chemical waste in wastewater treatment satisfies all three Dhanasar prongs; environmental protection aligns with national security; petitioner well-positioned with doctoral degree and record.

Technology company petitioned for embedded systems architect with advanced degree; sought NIW for EB-2. AAO sustained appeal, finding proposed endeavor in motor controls and EV charging has national importance, beneficiary well-positioned to advance it, and waiver benefits the US based on track record and critical STEM contributions.

Technology company petitions for vice president managing national streaming service. AAO sustained appeal finding all three Dhanasar prongs met: endeavor has national importance affecting millions nationally, beneficiary is well-positioned with decade-long track record, and waiver benefits United States.

A researcher in cancer therapeutics using biotechnology tools sought EB-2 national interest waiver. The AAO sustained the appeal, finding the proposed research demonstrated substantial merit and national importance, the petitioner was well positioned to advance it, and on balance waiving the job offer would benefit the United States.

Communications specialist with advanced degree sought EB-2 national interest waiver. AAO dismissed because petitioner failed to establish national importance of proposed sustainability communications endeavor; industry importance does not substitute for specific endeavor impact.

Researcher, teacher, and policy adviser sought EB-2 advanced degree classification and NIW. AAO reversed director on national importance prong but affirmed denial on second prong: published research does not prove petitioner well positioned to advance the specific proposed endeavor without additional evidence of progress or success.

Vascular researcher with Ph.D. in medical cell biology seeking EB-2 NIW. Proposed advancing critical bioinformatics and biomechanical research. AAO sustained, finding all three Dhanasar prongs met: endeavor has national importance, petitioner well positioned to advance it, and waiver would benefit US.

A dentist sought EB-2 NIW to operate a dental clinic with training programs. On motion to reopen, the AAO found she failed all three Dhanasar prongs: no national importance, not well positioned to advance the endeavor, and no net benefit to the United States from waiver.