Published AAO appeal decisions

An electric car system engineer sought EB-2 with national interest waiver. He claimed advanced degree eligibility and proposed future employment or business ventures in vehicle systems. The AAO affirmed denial, finding he failed to identify a specific, clearly-defined endeavor with substantial merit and national importance; broad industry growth alone does not satisfy Dhanasar.

Finance manager sought EB-2 classification with national interest waiver. Service center found advanced degree qualification but denied waiver. Petitioner asserted national importance through financial management benefits and community financial literacy. AAO held proposed work lacked national importance under Dhanasar first prong and dismissed appeal.

A physician and researcher seeks a national interest waiver for EB-2 classification to continue arthroplasty research aimed at improving joint replacement outcomes. The AAO sustained the appeal, finding the proposed research has substantial merit and national importance, the petitioner is well-positioned to advance it, and waiving the job offer requirement would benefit the United States given his proven research capabilities.

A postsecondary education administrator sought EB-2 with national interest waiver. She claimed advanced degree eligibility and intended to continue education administration work, proposing benefits to higher education broadly. The AAO affirmed denial, finding no evidence her specific endeavor extends beyond individual employers to affect the field or system at a national level.

A taekwondo athlete and coach with exceptional ability sought NIW for continued coaching and competition. The AAO dismissed because his proposed work lacked national importance; coaching at club level would not impact the sport broadly enough to meet Dhanasar's first prong.

Self-petitioner marketing and management professional seeking NIW for small business consulting startup in Florida. Claimed substantial merit and national importance under Dhanasar. AAO dismissed appeal, finding proposed consulting work lacks national importance; insufficient evidence of substantial economic benefits beyond company and future clientele.

Food scientist with bachelor's degree equivalent seeking NIW for food safety and production work. AAO affirmed denial because proposed work, though meritorious, lacks national importance. Impact limited to specific employers; no evidence of broader field or economic effects.

An IT marketing professional sought EB-2 national interest waiver classification. The petitioner argued her marketing and consulting work had national importance under Dhanasar. The AAO dismissed the appeal, finding the specific endeavor lacked sufficient national importance or projected economic impact, and did not analyze the remaining Dhanasar prongs.

Process engineer sought national interest waiver under Dhanasar framework. Petitioner qualified as advanced degree holder but failed first prong. Work involved process engineering for employer clients, not broader implications for field or national economy. No sufficient evidence of projected U.S. job creation or substantial economic effects.

Human resources manager seeking EB-2 NIW to continue HR career with various employers. Petitioner claimed substantial merit and national importance of proposed endeavor. AAO held first Dhanasar prong unmet: HR management lacks national importance and does not impact field or economy broadly; second and third prongs not reached.

Organic chemistry researcher sought national interest waiver for EB-2. AAO dismissed because although the proposed endeavor met the first prong for substantial merit and national importance, petitioner failed to establish being well positioned to advance it under the second prong.

Entrepreneur seeks NIW for EB-2 to develop fitness training equipment company. Petitioner claimed endeavor had national importance by promoting economic development and exports. AAO held proposed work failed Dhanasar prong one: insufficient evidence showed national importance or substantial economic benefits beyond the company itself. Appeal dismissed.

A physician-researcher in cardiology sought an EB-2 national interest waiver while in medical residency. The AAO sustained the appeal, finding his research on mechanical circulatory support satisfied all three Dhanasar prongs: substantial merit and national importance, strong qualifications to advance the work, and overall benefit to the United States.

Financial applications consultant with advanced degree seeks NIW under Dhanasar framework. Claimed proposed financial consulting work has national importance with federal government impact. AAO found petitioner failed first prong: proposed work lacks demonstrated national importance, specific projects, or substantial U.S. economic effects beyond employer and clients.

A healthcare data analyst with Master of Public Health sought NIW for healthcare research focusing on chronic disease prevention. AAO found endeavor has substantial merit but denied waiver because petitioner failed to demonstrate being well positioned to advance research through funding, citations, or leadership role.

Engineering manager sought EB-2 national interest waiver for production engineering role in automotive manufacturing. AAO found the work, though valuable, lacked sufficient national importance as her proposed endeavor would not impact the field or industry broadly beyond her employer.

A sterilization supervisor with an advanced degree sought an EB-2 national interest waiver for infection control management work. The AAO dismissed, finding his proposed endeavor lacked national importance because it would benefit only his employers and their patients, not the field or healthcare industry broadly.

Computer science researcher sought national interest waiver for EB-2. Petitioner claimed substantial merit and national importance of system software research, capability to advance it, and favorable balance for U.S. benefit. AAO sustained, finding all three Dhanasar prongs met based on documented research impact and expertise.

A physician and neuropathology researcher sought EB-2 with national interest waiver for neurodegenerative disease research. The AAO found the research met the first prong: substantial merit and national importance. However, the second prong failed due to insufficient evidence of positioning to advance the research. Appeal dismissed.

A historical architect sought EB-2 classification with national interest waiver. The AAO found she qualified as advanced degree holder but failed Dhanasar's first prong: her preservation consulting work, though having substantial merit, lacked evidence of national importance or broader field impact. Appeal dismissed.

An optical physics researcher with advanced degree sought national interest waiver for EB-2 classification to conduct semiconductor design and fabrication research. The AAO found the proposed endeavor had substantial merit and national importance but concluded the petitioner failed to demonstrate he was well positioned to advance it, lacking recent publications or demonstrated progress since 2011.

A special education teacher and coordinator sought an EB-2 classification with a national interest waiver. Her advanced degree was accepted, but the AAO held that her proposed work, though meritorious, lacked national importance because its impact stayed at her school and teacher shortages alone were insufficient. The remaining prongs were not examined.

Electrical engineering researcher with Master's degree established all three Dhanasar prongs for national interest waiver of job offer requirement. Research on semiconductor and memory systems meets substantial merit and national importance; petitioner well positioned by education and publication record; balance favors waiver given technological interests and practical impracticality of labor certification.

Gospel musician sought EB-2 classification with national interest waiver. Petitioner failed to establish advanced degree requirement or exceptional ability, meeting only two of six required criteria. AAO dismissed appeal because proposed work lacks national importance, the first Dhanasar prong, making further analysis unnecessary.

Entrepreneur sought NIW waiver for EB-2 advanced degree in fast food restaurant business. Petitioner demonstrated advanced degree and substantial merit of business plan with growth potential and job creation claims. AAO found business lacks documented significant potential to employ U.S. workers or substantial positive economic effects necessary for national importance determination.