Published AAO appeal decisions

A postdoctoral biochemistry researcher sought an NIW under Dhanasar for developing novel disease treatment derivatives. The AAO sustained the appeal, finding all three Dhanasar prongs met: proposed research had substantial merit and national importance, petitioner was well positioned to advance it, and balance favored waiver of job offer requirement.

A biochemist and molecular biologist sought an NIW under EB-2. The AAO withdrew the Director's finding on the second prong and dismissed because she failed to demonstrate being well-positioned to advance her research endeavor. Education, citations, and peer review alone were insufficient without evidence of sustained funding or primary role in grant awards.

A medical scientist seeks NIW for research on diseases and therapeutic development. First Dhanasar prong met: research has substantial merit and national importance. Second prong failed: no evidence of financial support, entity interest, or positioning to advance the proposed endeavor in the United States.

A chemical engineer with advanced degree sought national interest waiver for EB-2 classification. The AAO found the proposed research had substantial merit and national importance but concluded the petitioner was not well positioned to advance it, dismissing the appeal.

A MEMS researcher sought NIW for advanced research in MEMS device design and fabrication. The AAO found his proposed work met the first Dhanasar prong but lacked sufficient evidence under the second prong that he is well positioned to advance the research independently.

Civil engineer with doctoral degree seeking EB-2 NIW for infrastructure management research. Petitioner claimed all three Dhanasar prongs. AAO held all three met: research addresses national infrastructure concerns, petitioner is well-positioned through credentials and position, and national benefit from waiver outweighs certification interests.

Software developer with overseas experience sought EB-2 with national interest waiver. AAO held he failed to meet three exceptional ability criteria and failed first and third Dhanasar prongs, dismissing the appeal.

Aerospace engineer seeks NIW for EB-2 to continue research on aerodynamic and automatic control systems. AAO found proposed research met Dhanasar prong one with national importance and broader field implications. However, petitioner failed prong two: insufficient evidence showed he was well positioned to advance research despite Ph.D., publications, and support letters. Appeal dismissed.

Electrical engineer seeks NIW for EB-2 based on advanced degree. Petitioner proposed research on computer network frameworks. AAO found proposed endeavor had substantial merit and national importance under Dhanasar prong one. However, AAO held petitioner failed prong two: insufficient evidence demonstrated he was well positioned to advance the research despite Ph.D., publications, and citations. Appeal dismissed.

An ophthalmology researcher with advanced degrees sought EB-2 with national interest waiver for continued research on retinal diseases and treatments. The AAO sustained appeal, finding all three Dhanasar prongs met: her research has substantial merit and national importance, she is well positioned to advance it, and her contributions benefit the United States.

Physics doctoral candidate seeking NIW for hypersonic technology research. AAO affirmed denial, finding proposed endeavor has national importance but applicant not well positioned to advance it. Master's degree and publications alone insufficient; lacked demonstrated role securing funding or generating field impact.

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.

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.

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.

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.

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.

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.

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.

Mechanical engineering researcher with Ph.D. sought NIW for EB-2 advanced degree classification. AAO found his proposed nanoparticle research met the substantial merit and national importance prong but failed the second prong: insufficient evidence he was well positioned to advance the endeavor through funding history and citations.

A computer engineering researcher with a Ph.D. sought a national interest waiver under Dhanasar. The AAO found his proposed high-performance computing research had substantial merit and national importance but that he failed the second prong, having not demonstrated sufficient impact or interest among peers, and thus dismissed the appeal.

Mechanical engineering researcher with Ph.D. sought EB-2 national interest waiver for nanoparticle research. First prong met on research merit and national importance. AAO dismissed, finding petitioner failed second prong: insufficient evidence of independent funding acquisition, citation impact, or demonstrated leadership capacity relative to advisors and coauthors.

Aerospace engineering researcher with Ph.D. seeking national interest waiver. First Dhanasar prong met: proposed research has substantial merit and national importance. Appeal dismissed on second prong: insufficient evidence that beneficiary is well positioned to advance proposed research; publications and peer review activity do not constitute adequate record of success.

Energy policy researcher with advanced degree sought NIW for EB-2. AAO found proposed energy research had substantial merit and national importance but dismissed appeal, concluding petitioner failed to demonstrate being well positioned to advance the endeavor without sufficient evidence of means or track record.

Hematopathology clinician and researcher seeks NIW under EB-2. Proposed blood disease research satisfies substantial merit and national importance prong. However, insufficient evidence that petitioner is well positioned to advance research through publications, impact, or field recognition.