Published AAO appeal decisions

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.

A bioengineer and prosthetics researcher sought EB-2 classification with a national interest waiver. The AAO dismissed the appeal, finding she failed to establish a U.S. bachelor's or advanced degree equivalent and, even under exceptional ability, did not meet three evidentiary criteria. The proposed endeavor lacked specific evidence of national importance.

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.

A biomedical engineer researcher sought EB-1A classification. The AAO affirmed that he met three initial criteria but dismissed his appeal, finding he failed to demonstrate sustained national or international acclaim or that he ranks among the very top of his field despite accomplishments.

Pharmacist and entrepreneur sought NIW to operate business providing parenteral nutrition products. AAO affirmed denial, finding petitioner failed to describe proposed endeavor with sufficient specificity and provide corroborating evidence that business activities would achieve substantial national economic impact.

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.

Pharmaceutical professional seeking EB-2 exceptional ability classification and national interest waiver. AAO dismissed appeal because petitioner failed to meet three initial evidentiary criteria for exceptional ability and did not establish specific endeavor or its prospective national importance under Dhanasar framework.

An entrepreneur with pharmacy and diagnostic laboratory expertise seeks EB-2 NIW to open a low-cost diagnostic lab in an economically depressed region. AAO dismissed because the proposed endeavor lacks national importance; a small business serving local patients and employing 22 workers does not meet Dhanasar's requirement for broader field impact or substantial national economic benefit.