Published AAO appeal decisions

A neuroscience researcher with a Ph.D. in neurobiology and six years of postdoctoral experience sought an EB-2 national interest waiver for research on neuropathic pain. The AAO reversed the service center's denial, finding the proposed endeavor had substantial merit and national importance, the petitioner was well positioned to advance it, and a waiver would benefit the United States.

A medical researcher with advanced degrees in pulmonary medicine sought NIW classification to continue research on idiopathic pulmonary fibrosis and asthma therapeutics. The AAO reversed the service center's denial, finding the proposed research has substantial merit and national importance, the petitioner is well positioned to advance it, and waiving the job offer would benefit the United States.

A postdoctoral researcher in plant genetics sought EB-2 NIW classification through self-petition. The applicant demonstrated all three Dhanasar prongs: the research on plant resistance has national importance, the researcher has proven expertise and track record, and the U.S. benefits from the advanced STEM work. The appeal was sustained.

Neuroscience researcher with Ph.D. seeks EB-2 self-petition with NIW for research on Alzheimer's and ataxia mechanisms using stem cells. AAO found all three Dhanasar prongs met: research has national importance with broader implications, petitioner well-positioned with advanced degree and track record, and waiver benefits U.S. given urgent medical need.

A geoscientist and volcanology researcher pursuing doctoral degrees seeks extraordinary ability classification. The AAO sustained the appeal, finding the petitioner met five initial criteria and demonstrating through aggregate evidence sustained national or international acclaim, field recognition, and placement among the very top of the volcanology field.

A cardiac physiologist from India sought EB-1A extraordinary ability classification. He met three initial evidentiary criteria and demonstrated sustained international acclaim through top 1% citation rate and influence on clinical guidelines. The AAO sustained the appeal, finding the Director overlooked significant evidence of recognition and achievement.

Epidemiologist with doctoral degree in biomedicine sought NIW for research on infectious disease control. AAO found the proposed endeavor has substantial merit and national importance, petitioner is well-positioned to advance it through expertise and publication record, and waiving the job offer requirement would benefit the United States. Appeal sustained.

A cancer researcher seeking EB-2 with NIW to continue research in cancer immunotherapy. AAO sustained the appeal, finding the petitioner met all three Dhanasar prongs: the research has substantial merit and national importance; the petitioner is well positioned to advance it; and waiving labor certification benefits the United States given the work's potential to reduce cancer morbidity and mortality.

A Ph.D. biochemist sought EB-2 national interest waiver to conduct aptamer research for drug detection and treatment. The AAO sustained the appeal, finding all three Dhanasar prongs met: the endeavor had substantial merit and national importance, the petitioner was well-positioned to advance it, and waiving labor certification would benefit the United States.

Microbiology researcher met three initial evidentiary criteria: judging, scholarly articles, and original contributions. AAO sustained appeal finding petitioner demonstrated sustained national and international acclaim through high citation rates, publications in distinguished journals, international presentations, and peer review work indicative of top-tier expertise.

Psychological science researcher with Ph.D. sought EB-2 classification with national interest waiver. AAO sustained appeal, finding all three Dhanasar prongs met: proposed research has substantial merit and national importance; petitioner is well positioned to advance it; waiver benefits U.S. interests.

Medical researcher with Ph.D. sought national interest waiver after director found advanced degree eligibility. AAO held all three Dhanasar prongs met: proposed research has substantial merit and national importance, petitioner well positioned to advance it, and waiver benefits United States based on her demonstrated expertise and contributions.

A professor and researcher with PhD sought EB-2 NIW for proposed research endeavor. AAO sustained appeal, finding all three Dhanasar prongs met: endeavor had national importance, petitioner was well positioned to advance it, and waiver would benefit the United States.

Medical science researcher and professor sought EB-1A extraordinary ability classification. Petitioner claimed and met at least three evidentiary criteria including original contributions, scholarly articles, and judging. AAO found sustained acclaim reflected in publication record and citation history, qualifying petitioner as among the very top of the field.

Biophysicist and CEO seeks extraordinary ability classification. Claimed five criteria; court found four met. AAO conducted final merits determination, finding sustained national and international acclaim through extensive documentation of achievements, citations, patents, and research impact warranting extraordinary ability classification.

Biochemistry researcher sought NIW for EB-2 classification for brain tumor research. Petitioner demonstrated substantial merit and national importance of proposed research, strong qualifications to advance it, and past successful contributions. AAO held all three Dhanasar prongs met and waiver merited.

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.

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.

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.

Assistant professor of neurological surgery sought EB-1A extraordinary ability classification. Petitioner met three criteria: judging, original contributions, and scholarly articles. On appeal, AAO sustained, finding totality of evidence, including high citation rates and influential publications on deep brain stimulation and anesthesia, demonstrates sustained national and international acclaim among top of field.

Physician researcher in pathology and cellular biology sought EB-2 with national interest waiver for hematological malignancy research. AAO sustained appeal, finding all three Dhanasar prongs met: research has substantial merit and national importance, petitioner well-positioned by experience and publication record, and waiver benefits U.S. healthcare interests.

Researcher studying insect and spider phylogenetics claimed multiple criteria. AAO found three criteria met: judging, scholarly articles, and original contributions. Final merits analysis found sustained acclaim through extensive citations, species discoveries, two species named after her, and letters from leading experts affirming groundbreaking work. Appeal sustained.

A public health researcher with focus on cancer drug safety sought NIW under EB-2. AAO found all three Dhanasar prongs met: proposed research on checkpoint inhibitor adverse effects has substantial merit and national importance; petitioner is well positioned based on past experience; waiver favors U.S. on balance. Appeal sustained.

A postdoctoral researcher in cardiovascular medicine sought NIW based on advanced degree eligibility. The AAO sustained the appeal, finding the proposed research into molecular treatments for heart disease and stroke has substantial merit and national importance, the petitioner is well positioned to advance it through demonstrated innovation and citations, and waiving the job offer requirement would benefit the United States.

A postdoctoral researcher sought an EB-2 national interest waiver for research on neuron cell biology and nanotechnology-based medical devices. The AAO found all three Dhanasar prongs satisfied: substantial merit and national importance, researcher well positioned to advance work, and balance favoring waiver. Appeal sustained.