Published AAO appeal decisions

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.

Marketing manager employed by U.S. organization seeking EB-2 national interest waiver. Claimed substantial merit for strategic marketing work. Advanced degree established but failed first Dhanasar prong: proposed work lacked national importance beyond specific employer and clients. Appeal dismissed.

A petroleum engineer sought an EB-2 classification with a national interest waiver. The director accepted the advanced degree and substantial merit but found national importance lacking. The AAO adopted that decision and dismissed the appeal, finding no evidence the work would affect the industry beyond the employer or produce substantial economic effects, and reserved the other prongs.

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.

A company seeking to employ a chief executive officer for product distribution filed for national interest waiver. The AAO remanded the petition because the Director's decision did not adequately address the three-prong Dhanasar framework and failed to properly establish the petitioner's basic EB-2 qualification with an equivalent bachelor's degree.

A medical device company sponsored a mechanical R&D engineer for EB-2 exceptional ability classification. This was not a national interest waiver case, and no waiver was requested. The AAO dismissed the appeal because the labor certification and offered wage did not show the position needs a person of exceptional ability.

Architectural project manager seeking national interest waiver. Director found substantial merit but denied on national importance grounds. AAO affirmed; petitioner failed to demonstrate proposed work would extend beyond employer and clients or offer innovations advancing the architectural or engineering fields.

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.

A marketing manager sought NIW as EB-2. The AAO found he lacked the advanced degree requirement and failed the first Dhanasar prong: his proposed marketing work lacked national importance despite general industry need. Appeal dismissed.

Financial manager seeking EB-2 with national interest waiver. Proposed work involves financial management for private security company. Failed first Dhanasar prong: insufficient evidence that proposed financial management work has national importance, broader field implications, significant job creation potential, or substantial positive economic effects. Appeal dismissed.

Oral and maxillofacial surgeon sought national interest waiver for EB-2 classification as academic surgeon teaching and mentoring residents. Petitioner met advanced degree requirement but failed to establish national importance of proposed endeavor. Professional shortage and absence of female role models in field insufficient to demonstrate national impact beyond patients and trainees. Appeal dismissed.

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.

An employer petitioned for an EB-2 national interest waiver for a process engineer with a Ph.D. in chemistry. The AAO dismissed the appeal, finding the beneficiary's proposed process engineering work lacked national importance despite the employer's significant business scale, as the work would not impact the industry broadly.

Healthcare and life sciences management specialist holding advanced degree sought national interest waiver of job offer requirement. Director approved advanced degree classification but denied waiver. AAO found proposed endeavor lacks substantial merit at national level because it extends only to employer and clients without broader field impact. Appeal dismissed.

A financial specialist seeking EB-2 classification with national interest waiver for facilitating Eastern European investment in U.S. real estate. Qualifies as advanced degree holder but fails NIW first prong; proposed endeavor has substantial merit but lacks national importance, showing insufficient economic impact beyond company operations.

A financial manager sought an EB-2 national interest waiver to work for U.S. companies on restructuring and foreign investment attraction. The AAO dismissed because her proposed endeavor lacked national importance; it would only benefit her employer and clients, not the financial services industry or broader economy.

Teacher seeking EB-2 classification with national interest waiver. Advanced degree and exceptional ability claims both rejected; did not satisfy three criteria required. For NIW, proposed special education work found to lack national importance beyond individual school context. Appeal dismissed.

A semiconductor manufacturer petitioned for a process engineer beneficiary under EB-2 NIW. Service center granted advanced degree but denied waiver. AAO affirmed denial: proposed process engineering work lacked national importance under Dhanasar because petitioner failed to show the endeavor's prospective impact on U.S. employment or broader field implications beyond company operations.

Medical technologist employed at biocontainment facility sought NIW for EB-2 classification. AAO found substantial merit in laboratory work but rejected national importance requirement, concluding benefits were limited to employer rather than broader field impact, and dismissed appeal.

Elementary special education teacher sought NIW for EB-2 classification. AAO acknowledged merit of proposed instructional model but found no evidence of national importance or broader field impact, dismissing appeal under Dhanasar framework.

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.