Published AAO appeal decisions

Chemical and biomedical engineer with Ph.D. sought EB-2 classification and NIW. Petitioner established first prong of substantial merit and national importance of proposed research endeavor. AAO agreed but found petitioner did not sufficiently demonstrate record of success in related efforts, citations impact, or viable plan with documentary support for claimed employment.

Postdoctoral researcher with advanced degrees seeks NIW for CAR T cell research involving epigenetic reprogramming. AAO found endeavor meets national importance but failed to demonstrate she is well positioned to advance it despite citations and peer review participation.

Formulation scientist with Ph.D. seeks NIW for drug delivery systems research. AAO found substantial merit and national importance of proposed research endeavor but concluded petitioner failed to demonstrate independence from employer, failing second prong.

A graduate student in biomedical engineering seeks NIW for research on photoacoustic imaging in clinical settings. The AAO found the endeavor has substantial merit and national importance but dismissed because the petitioner did not demonstrate she is well-positioned to advance it, lacking a Ph.D., documented employment, or evidence of progress or investor interest.

Biochemistry graduate student seeks NIW waiver for antibiotic resistance research endeavor. Service center denied waiver, finding advanced degree established but national importance and waiver benefit not shown. AAO remanded for fuller analysis of Dhanasar prongs, noting service center overlooked expert letters and inadequately addressed evidence.

Biomedical researcher seeks EB-2 with national interest waiver. AAO found proposed research endeavor has substantial merit and national importance but concluded petitioner lacks adequate credentials, publications, and documented education to be well positioned to advance it. Appeal dismissed on second prong failure.

Clinical laboratory scientist proposes AI forecasting models to address blood-bank shortages. AAO held endeavor has national importance but petitioner not well positioned to advance it: lacks demonstrated AI capabilities, formal machine learning education, and progress evidence despite prior statistics coursework and media attention.

Postdoctoral fellow in biomedical research sought EB-2 NIW with advanced degree. Proposed cancer research endeavor met substantial merit and national importance, but AAO found petitioner not well positioned to advance it: lacking significant funded grant record, evidence of work adoption by others, or comprehensive future plan despite strong academic credentials.

Biomedical scientist with Ph.D. sought NIW for postdoctoral research on nanomembranes for cancer treatment. AAO found substantial merit and national importance but dismissed appeal because petitioner failed to demonstrate she was well-positioned to advance the endeavor through lack of sustained funding, clear research plan, or stakeholder interest.

A physician-researcher pursuing a Ph.D. in biomedical sciences seeks NIW for research on breast cancer biomarkers and early detection. The petitioner claimed three Dhanasar prongs. The AAO sustained the appeal, finding the proposed research has substantial merit and national importance, the petitioner is well-positioned to advance it given his medical degree and publication record, and waiving job offer requirements would benefit the United States.

Biomedical engineer researcher proposed postdoctoral research on brain cognitive processes using machine learning. AAO withdrew denial of prong one, finding national importance, but affirmed denial under prong two because petitioner lacked demonstrated influence or record of success advancing the field.

Bioanalyst and high school teacher seeking NIW for consulting business in bioanalysis and STEM education. Claimed endeavor would advance science education and economic growth. AAO dismissed appeal, finding proposed endeavor lacked national importance and petitioner not well-positioned to advance it.

Bioengineering technology researcher seeking NIW for EB-2. AAO agreed endeavor has national importance but held she is not well-positioned to advance it because her research lacks substantial citations, field impact, and evidence of obtaining funding, failing the second Dhanasar prong.

Biomedical engineer seeks NIW for EB-2 advanced degree classification to conduct cell and gene therapy research. Meets all three Dhanasar prongs: proposed endeavor has national importance, petitioner is well-positioned through credentials and research record, and waiving job offer benefits the United States.

A cancer biology researcher with a Ph.D. sought a national interest waiver for EB-2 classification to conduct research on targeted cancer therapies. The AAO sustained the appeal, finding all three Dhanasar prongs satisfied: the research has substantial merit and national importance, she is well positioned to advance it, and the waiver benefits the United States.

A medical scientist in dentistry sought EB-2 advanced degree classification with a national interest waiver for proposed oral health research. The AAO found the research had substantial merit and national importance but the petitioner was not well positioned to advance it, as education alone was insufficient and she lacked a documented record of research success or implementation.

A chemist with Ph.D. in organic chemistry sought national interest waiver. AAO found she met the first two Dhanasar prongs but failed the third, concluding waiver was not warranted because her fellowship was time-limited, her citation metrics were deficient, and publication benefits were contingent on academic versus commercial employment.

Pharmaceutical scientist seeks national interest waiver of job offer requirement under EB-2. Met first prong showing substantial merit and national importance of proposed drug formulation research, but failed second prong lacking sufficient evidence of positioning to advance the work.

A biostatistics researcher with a Ph.D. sought an EB-2 national interest waiver. He proposed research improving clinical trial design and quality-of-life studies. The AAO sustained his appeal, finding all three Dhanasar prongs satisfied: substantial merit and national importance, well-positioned qualifications, and net benefit to the nation.