Published AAO appeal decisions

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.

Tattoo artist and painter claimed seven criteria; Director found three threshold criteria met. AAO sustained appeal, finding at final merits that petitioner achieved sustained national or international acclaim through substantial media presence, large social media following, and documented professional recognition as widely respected artist.

An oil and gas industry executive sought extraordinary ability classification. The service center found the initial criteria met but denied on final merits. The AAO sustained the appeal, finding additional criteria satisfied and concluding that the whole record showed sustained acclaim and top-of-field standing, which the director had overlooked.

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.

An actor seeks EB-1A extraordinary ability classification. She claimed six criteria including awards, published material, judging, and exhibitions. The AAO sustained the appeal, finding three criteria met and, on final merits, determining her decades-long award-winning career with consistent media coverage establishes sustained national acclaim at the top of her field.

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.

A musician, composer, and music producer with five solo albums and international touring sought EB-1A classification. The AAO found he satisfied four criteria: prizes, published material, judging, and commercial success. In final merits, the AAO sustained the appeal, finding sustained national and international acclaim and recognition as top-tier collaborator demonstrating extraordinary ability.

A nephrologist with board certification seeks EB-1A extraordinary ability classification. He claimed three evidentiary criteria: judging, scholarly articles, and critical role. The AAO sustained the appeal, finding he met three initial criteria and demonstrating sustained national acclaim as a leading expert with a career of acclaimed work, qualifying him for extraordinary ability.

Director of photography and cinematographer sought EB-1A extraordinary ability classification. Petitioner met three evidentiary criteria through awards, published material, and exhibitions. AAO found sustained national and international acclaim, consistent industry recognition since 2008, and achievements reflecting career of acclaimed work among small percentage at field's top.

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.

Civil engineer pursuing Ph.D. on risk-informed decision-making framework for energy generation claimed three Dhanasar prongs. AAO sustained appeal, finding the proposed research has substantial merit and national importance with broad applications, the petitioner is well positioned by education and track record, and the waiver benefits the United States.

Environmental engineer with Ph.D. sought EB-2 with NIW. Proposed continued research on water quality and waste treatment. AAO sustained appeal, finding all three Dhanasar prongs met: endeavor has substantial merit and national importance, petitioner well positioned to advance research, and on balance waiver benefits the United States.

A data science researcher with a Ph.D. sought an EB-2 national interest waiver. The AAO sustained the appeal, finding all three Dhanasar prongs satisfied: the proposed research in data science algorithms and computing has national importance, the petitioner is well positioned through expertise and citations to advance it, and waiving labor certification benefits U.S. scientific interests.

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.

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.

Public relations professional with nearly twenty years in media and senior international roles sought extraordinary ability classification. Petitioner established three criteria at threshold and presented additional published materials evidence. AAO found petitioner demonstrated sustained national and international acclaim and achieved career of acclaimed work in field, qualifying as among small percentage at top.

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 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.

An AI technology entrepreneur and CEO sought EB-1A classification. The service center found two of five claimed criteria met; the AAO found a third criterion satisfied (original contributions through patents). The AAO concluded the petitioner demonstrated sustained national acclaim and exceptional status in the field, sustaining the appeal.

An interior designer design director claimed four criteria: awards, published material, original contributions, and leading role. The AAO sustained the appeal, finding three criteria met and determining the totality of evidence demonstrated sustained acclaim and that petitioner qualified for extraordinary ability classification.

An illustrator and street artist sought EB-1A extraordinary ability classification. Petitioner claimed six criteria plus comparable evidence. The AAO sustained the appeal, finding at least three criteria met, sustained national acclaim established, extensive documentation provided, and prospective work benefit to the United States shown.

Track and field athlete met three evidentiary criteria: awards, membership on Olympic teams, and published media coverage. AAO found sustained national acclaim consistent with extraordinary ability at top of field. Appeal sustained.

Footwear designer filed as self-petitioner for EB-1A extraordinary ability classification. Petitioner claimed four criteria met. AAO sustained appeal, finding all four criteria established and that totality of evidence demonstrates sustained national/international acclaim and position among very top of field.