Published AAO appeal decisions

Physician researcher sought EB-2 national interest waiver for endeavor in medical research. AAO found proposed endeavor had substantial merit and national importance but petitioner not well-positioned to advance it. Record showed primarily literature review work without demonstrated original primary research or significant field influence. Appeal dismissed.

A postdoctoral researcher in stress biology sought EB-2 with national interest waiver for neutrophil-targeted therapy research. The AAO found the endeavor has substantial merit and national importance, but the petitioner did not demonstrate he is well-positioned to advance it, failing the second Dhanasar prong.

Veterinary pathologist seeking EB-2 advanced degree professional classification and national interest waiver. Claimed advanced degree eligibility but failed to provide competent English translation of foreign credentials as required. AAO dismissed appeal because petitioner did not establish advanced degree requirement, making remaining Dhanasar prongs unnecessary to address.

Physician-researcher proposing cancer research claims national interest waiver. AAO found first prong met: research has national importance. However, second prong failed: evidence from references lacked specific examples of research impact or progress, and citation metrics did not adequately demonstrate exceptional success.

Clinical research scientist in neurology sought EB-2 NIW for COVID-19 related research. SCOPS found substantial merit but not national importance; AAO affirmed. Petitioner failed to show how her specific proposed endeavor would have broader implications or significant prospective impact distinct from general field importance.

Physician with cardio-oncology research proposed advancing treatment of cardiovascular diseases in cancer patients. AAO found research met national importance but his published work lacked evidence of driving field progress or generating relevant party interest, failing the well-positioned prong.

Toxicologist sponsored by employer for research in health and safety risk assessment sought national interest waiver. AAO found endeavor had merit and beneficiary well positioned, but waiver not warranted because labor certification was not shown impractical and no urgent national interest was demonstrated.

A sports and exercise physiologist seeks EB-2 NIW with an advanced degree. The AAO found the proposed endeavor has substantial merit but lacks national importance. Connection to national health initiatives is insufficient without demonstrating prospective impact. Reserved second and third prongs; dismissed appeal.

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.

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.

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.

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.

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.

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.

Biostatistician petitioner sought NIW for EB-2 classification based on work on pediatric HIV clinical trials. AAO sustained appeal, finding all three Dhanasar prongs satisfied: proposed endeavor has substantial merit and national importance, petitioner well positioned to advance it, and national interest favors waiving job offer requirement.