Published AAO appeal decisions

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.

Researcher with advanced degree seeking national interest waiver to develop biomedical instruments and enhance ECMO technology. Director and AAO found petitioner failed to establish that specific proposed endeavor has national importance, focusing on industry importance rather than endeavor-specific prospective impact.

Pharmaceutical microbiology production manager seeking EB-1A extraordinary ability classification. AAO found petitioner did not meet initial evidence requirements; failed to establish three alternate criteria. Awards lacked documented recognition for field excellence; published material insufficient; no sustained national or international acclaim demonstrated.

A pharmaceutical industrial production manager sought EB-2 classification with national interest waiver to plan and direct manufacturing operations. The AAO found the proposed endeavor had substantial merit but lacked national importance, as providing services for one employer would not generate significant economic activity or employment potential at national scale.

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.