Published AAO appeal decisions

A quality control manager sought EB-2 classification with NIW. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance and the petitioner was not well positioned to advance it. Hospitality experience did not support consulting business claims without demonstrated progress or contracts.

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.

Archaeologist with Egyptian Ph.D. in Islamic archaeology seeking EB-2 with national interest waiver for research comparing African American and Mamluk civilizations. First prong met; teaching and media production endeavors lacked sufficient specificity. AAO affirmed dismissal because petitioner failed second prong: education alone insufficient to show well-positioned status without demonstrated research success or external support.

Linguistics researcher with advanced degree sought NIW under Dhanasar framework. AAO found research endeavor nationally important but dismissed because petitioner not well-positioned to advance it; limited citations and lack of institutional support insufficient; prong three not reached.

An industrial engineer postdoctoral researcher sought EB-2 national interest waiver for supply chain research. The AAO reversed the Director on national importance, finding alignment with government priorities and field implications. However, the petitioner failed the second prong: insufficient evidence of personal record of success or influence establishing he could advance the endeavor.

A risk manager with advanced degree seeking EB-2 classification with NIW to develop AI-based fraud detection algorithms. The AAO found the first prong met but dismissed because petitioner lacks entrepreneurship and algorithm development experience, failing to demonstrate she is well-positioned to advance the proposed endeavor.

A dentist-scientist with a Ph.D. sought EB-2 NIW status for dental research focused on underserved populations. The AAO dismissed the appeal, finding although the endeavor had national importance, the beneficiary was not well-positioned to advance it due to lacking employment, institutional support, or documented steps toward pursuing the proposed research position.

An inorganic chemist sought EB-2 classification and national interest waiver for research in carbon-capturing metal-organic frameworks. The AAO sustained the appeal, finding all three Dhanasar prongs met: the research has national importance for ecological sustainability, the petitioner is well positioned to advance it with her doctoral expertise and peer recognition, and waiving labor certification serves the national interest.

An assistant professor and researcher in finance and economics with a PhD seeks EB-2 national interest waiver. Petitioner proposed developing machine learning techniques for finance applications. AAO found all three Dhanasar prongs satisfied: the endeavor has substantial merit and national importance, petitioner is well-positioned to advance it through his education and experience, and waiving the job offer requirement would benefit the United States.

Electrical and computer engineering researcher with master's degree sought EB-2 classification and national interest waiver. AAO found the proposed research endeavor has national importance but dismissed appeal because petitioner failed to demonstrate being well-positioned to advance it.

Entrepreneur in finance seeks NIW. Claimed endeavor important for U.S. competitiveness and economic benefit through small business support. AAO dismissed, finding past experience does not establish prospective national importance of the specific endeavor and that industry importance alone does not meet Dhanasar standards.

Civil engineer and entrepreneur sought NIW for EB-2 to operate construction management company focused on sustainable projects. AAO dismissed appeal, finding proposed endeavor lacks national importance and petitioner not adequately well-positioned to advance it, despite working in important field.

A researcher with a master's in power engineering sought EB-2 classification with national interest waiver for endeavor developing sustainable integrated power systems. The AAO dismissed the appeal, finding him not well-positioned to advance the endeavor despite the proposed work having national importance; education alone does not establish positioning.

A mechanical engineering researcher seeking EB-2 classification and national interest waiver to develop new methodologies in vibrations engineering for aerospace and robotics applications. The AAO dismissed the appeal, holding the petitioner failed to establish he is well-positioned to advance the proposed research endeavor under Dhanasar's second prong.

A control systems engineer in the aerospace sector sought a national interest waiver, and the Director had found the first prong met. The AAO withdrew that finding because the proposed endeavor was not specifically defined, found him not well positioned, and dismissed the appeal without reaching the third prong.

Optometrist specialist and entrepreneur sought EB-2 classification and waiver to establish clinics in underserved areas and conduct optometry research. AAO dismissed appeal finding endeavor lacks national importance and petitioner failed to demonstrate being well-positioned through business ownership evidence or progress toward goals.

Agribusiness executive from Brazil seeking NIW for consulting role improving U.S. agribusiness efficiency. Claimed prior seed industry experience and professional expertise. AAO dismissed, finding proposed endeavor lacks defined scope and appreciable national impact; benefits of labor certification process outweigh petitioner's contributions.

A truck driver seeking EB-2 with NIW to operate an independent cargo trucking and storage business. Claimed the endeavor had substantial merit and national importance and that he was well positioned to advance it. AAO dismissed, finding the first prong lacked adequate evidentiary support and the second prong was not established.

A climate scientist sought EB-2 NIW classification. The AAO found the endeavor of improving climate models has substantial merit and national importance, meeting the first prong. However, the petitioner failed to establish he is well-positioned to advance it, and the balance prong was not reached. Appeal dismissed.

Mechanical engineer proposed work in advanced technologies and energy-smart building systems. AAO dismissed appeal, adopting Director's decision; petitioner provided vague endeavor description lacking specific project details, activities, or evidence demonstrating national importance or positioning to advance it.

Clinical and counseling psychologist claiming EB-2 advanced degree with national interest waiver. AAO affirmed denial, holding applicant failed to demonstrate by preponderance of evidence that she is well positioned to advance proposed endeavor under Dhanasar second prong, making waiver ineligible.

Post-doctoral researcher in human-robot interaction sought national interest waiver for EB-2 classification. AAO found research had substantial merit and national importance but dismissed appeal on second prong, determining petitioner not well-positioned to advance the endeavor; citation history and Ph.D. insufficient without demonstrated government funding or primary grant leadership.

A dentist seeking EB-2 NIW to provide dental services in underserved rural communities claimed her business model addresses a shortage. AAO held that while the endeavor has substantial merit and she is well positioned to advance it, national importance is not established.

An artificial intelligence researcher with master's and Ph.D. degrees sought EB-2 NIW classification to advance machine learning algorithms for power system security. The AAO found all three Dhanasar prongs met: national importance of the endeavor, applicant's positioning, and net benefit to the United States. Appeal sustained.

IT service business owner from Brazil seeks EB-2 NIW. Claimed advanced degree status and entrepreneur importance in IT sector establish national importance and capacity to advance venture. AAO dismissed on first two prongs: proposed endeavor lacks prospective impact at national level; petitioner lacks sufficient customer interest or demonstrated progress establishing U.S. operations.