Published AAO appeal decisions

Adjunct chemistry instructor sought NIW for EB-2. Petitioner claimed substantial merit and national importance but provided inconsistent information about proposed endeavor. AAO found significant unresolved questions and withdrew director's finding that first prong was met, dismissing appeal without reaching remaining prongs.

A counterterrorism security expert with a master's degree sought a national interest waiver for EB-2 classification. While qualified as an advanced degree holder, he failed to demonstrate that his proposed security or emergency management work had national importance or sufficient prospective impact, lacking specific details about his endeavor.

Software developer with ten years experience seeks NIW for independent software development and possible game company. AAO dismissed appeal, finding proposed work lacks national importance beyond prospective employers and clients, and applicant lacks demonstrated success or concrete plan to advance the endeavor.

Dentist sought EB-2 with national interest waiver. Qualified as advanced degree professional but failed Dhanasar test: proposed dental work benefited only immediate patients and employer, lacking broader implications for U.S. workers or substantial economic effects required for national importance.

Taekwondo athlete and coach claiming NIW under EB-2. Petitioner asserted exceptional ability under multiple criteria; Director found only one met. On appeal, insufficient arguments and evidence to overcome exceptional ability finding. NIW claim failed at first Dhanasar prong: proposed endeavor lacks national importance. Appeal dismissed.

A dentist and orthodontist with MBA sought NIW for EB-2. AAO dismissed because petitioner lacked a U.S. DDS/DMD or foreign equivalent degree required by regulation, and proposed dental practice lacks national importance under Dhanasar.

Gastroenterologist sought national interest waiver for EB-2 classification. Petitioner established substantial merit and national importance of proposed research endeavor but failed to demonstrate he was well positioned to advance it through sufficient record of success, impact, or progress. Appeal dismissed.

Industrial chemist seeking NIW for research on chemical applications. First prong met but second prong failed because patent and publications, though recognized, did not demonstrate sufficient industry impact or record of success needed to show petitioner well positioned to advance research endeavor.

Biochemistry researcher sought NIW for EB-2 classification for brain tumor research. Petitioner demonstrated substantial merit and national importance of proposed research, strong qualifications to advance it, and past successful contributions. AAO held all three Dhanasar prongs met and waiver merited.

Education specialist sought national interest waiver for EB-2 classification. AAO dismissed appeal, finding the proposed endeavor of professionalizing teachers lacked sufficient specificity and documentation to meet the first prong of Dhanasar framework requiring substantial merit and national importance. AAO also found willful material misrepresentation regarding professional research experience.

An ICT consultant and professor sought NIW under EB-2. The AAO found the proposed endeavor lacked national importance, as the regulatory record did not show impact beyond individual clients and students; benefits did not rise to substantial positive economic effects. Appeal dismissed.

Entrepreneur founder of retail shops seeking NIW as exceptional ability business person. Claimed substantial merit and national importance of business operations and mentorship program. AAO held first Dhanasar prong not met because proposed endeavor lacks evidence of national importance; retail shops lack scale and economic significance to qualify.

Civil engineer pursuing Ph.D. on risk-informed decision-making framework for energy generation claimed three Dhanasar prongs. AAO sustained appeal, finding the proposed research has substantial merit and national importance with broad applications, the petitioner is well positioned by education and track record, and the waiver benefits the United States.

IT project manager sought NIW based on EB-2 advanced degree. AAO found she qualified for underlying EB-2 but dismissed NIW appeal because her proposed IT consulting and research tool development lacked evidence of national importance or broader field impact beyond her employers and clients.

A neurosurgeon and researcher seeking NIW claimed he would conduct research and provide patient care. The AAO dismissed the appeal, finding his proposed endeavor lacked specificity and failed to demonstrate national importance. His future work would not impact the neurological field broadly.

Human resources specialist with thirty years experience sought NIW for EB-2 classification. Proposed work in global mobility and personnel management. AAO found endeavor of substantial merit but lacked national importance; work for single employer lacks broader field implications. Second and third prongs not reached.

A gymnastics coach sought EB-2 exceptional ability classification with a national interest waiver. The AAO affirmed that while the coach qualified for EB-2 and was well positioned to advance the endeavor, the proposed coaching lacked national importance because its impact was limited to specific gymnasts and a local setting rather than affecting the gymnastics field broadly.

An entrepreneur and global marketing specialist sought EB-2 NIW for expanding a digital signage business in North Carolina. The AAO affirmed the director's finding that while the endeavor has substantial merit, the petitioner failed to demonstrate national importance under Dhanasar's first prong. Business projections were unsupported and lacked evidence of broader field impact.

Physical therapist sought NIW for EB-2 classification. Proposed clinical work treating patients with functional and cardiorespiratory disorders in healthcare facility. AAO disagreed with director on identifying proposed endeavor but affirmed no national importance shown; benefits confined to individual patients, lacking broader field implications. Matter remanded.

Chemical engineer sought EB-2 exceptional ability with NIW. Proposed continuation of work on solid waste and water quality treatment. AAO dismissed appeal, finding petitioner failed to qualify for underlying EB-2 exceptional ability classification by meeting fewer than three regulatory criteria and failed first Dhanasar prong on national importance.

Medical epidemiologist sought EB-2 advanced degree with NIW to advance public health preparedness and emergency response focusing on vaccine preventable diseases. AAO dismissed appeal, finding petitioner met first Dhanasar prong but failed second prong; evidence submitted post-filing was inadmissible, and petitioner did not rebut director's finding of insufficient positioning.

Chemist self-petitioner sought national interest waiver for EB-2 exceptional ability in drug development. AAO dismissed appeal because petitioner failed to sufficiently describe her specific proposed future work, preventing analysis of substantial merit, national importance, or positioning.

Psychiatric nurse practitioner sought EB-2 national interest waiver. AAO found he qualified for advanced degree classification but dismissed the NIW appeal because the proposed endeavor lacked national importance, affecting only individual patients rather than the field broadly.

Economist with advanced degrees and federal and academic experience seeking NIW under EB-2. Petitioner qualified for underlying EB-2 classification. AAO found proposed work in economics research has substantial merit but lacks national importance: petitioner provided only vague references to prior work without detailing specific prospective impact. Appeal dismissed.

Environmental engineer with Ph.D. sought EB-2 with NIW. Proposed continued research on water quality and waste treatment. AAO sustained appeal, finding all three Dhanasar prongs met: endeavor has substantial merit and national importance, petitioner well positioned to advance research, and on balance waiver benefits the United States.