Published AAO appeal decisions

A research scientist pursuing a Ph.D. in advanced computing sought an EB-2 national interest waiver. The AAO sustained the appeal, finding the proposed research in machine learning and process optimization has substantial merit and national importance, the petitioner is well-positioned to advance it given his expertise and track record, and waiving the job offer requirement would benefit the United States.

A big data center consultant sought extraordinary ability classification in business. He met three initial evidentiary criteria and demonstrated sustained national recognition as an expert, including leadership of technology standards groups. The AAO sustained the appeal, finding he is among the small percentage at the very top of his field.

School head with two master's degrees sought NIW under EB-2 as advanced degree professional. Proposed continuing work leading school focused on indigenous and foreign language revitalization and cultural heritage preservation. AAO sustained appeal, finding all three Dhanasar prongs satisfied based on alignment with federal initiatives and demonstrated success in field.

Biomedical engineer seeks NIW for EB-2 advanced degree classification to conduct cell and gene therapy research. Meets all three Dhanasar prongs: proposed endeavor has national importance, petitioner is well-positioned through credentials and research record, and waiving job offer benefits the United States.

Technology engineer and entrepreneur seeking EB-1A classification claimed published material, original contributions, and leading roles at distinguished companies. AAO found three criteria met and confirmed sustained national and international acclaim and recognition, placing petitioner in small percentage at top of field.

A mathematics researcher with a Ph.D. in applied mathematics sought a national interest waiver to forgo job offer requirement. He proposed research into partial differential equations and heat transfer. The AAO sustained the appeal, finding all three Dhanasar prongs satisfied: the endeavor has substantial merit and national importance, he is well-positioned to advance it, and waiving the job offer benefits the U.S.

A professional baseball player sought EB-1A extraordinary ability classification. He claimed and met four criteria: awards, published material, critical role, and high salary. The AAO sustained the appeal, finding the petitioner demonstrated sustained national acclaim and recognized achievements, qualifying him as among the small percentage at the top of professional baseball.

Ph.D. student researching alternative energy storage technologies seeking EB-2 with NIW. AAO held all three Dhanasar prongs satisfied: endeavor has substantial merit and national importance; petitioner well positioned through education and prior work; U.S. benefits from waiver. 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.

Self-petitioning nail design artist claims extraordinary ability through international awards, published materials, judging participation, scholarly articles, and leadership role. AAO sustained appeal, finding petitioner demonstrated sustained international acclaim and expertise placing her among the small percentage at the very top of her field.

Assistant professor of finance seeks national interest waiver for EB-2 based on real estate research. Director found substantial merit but not national importance. AAO reversed, finding research on environmental, social, governance impacts and market solutions has national importance through academic dissemination. Petitioner meets all three Dhanasar prongs.

Electrical engineering researcher with advanced degree self-petitioner sought NIW for research in computational electromagnetics and integro-differential equations. AAO found all three Dhanasar prongs satisfied: proposed research has substantial merit and national importance, petitioner is well positioned to advance it, and waiver benefits the United States.

Battery cell engineer with PhD seeks NIW. AAO found Director failed to adequately analyze evidence. AAO determined petitioner established substantial merit and national importance of clean energy research, was well-positioned to advance it, and that waiver 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.

Senior director in business/economics seeking EB-1A extraordinary ability. AAO sustained appeal, finding petitioner met three evidentiary criteria (scholarly articles, leading role, high salary) and demonstrated sustained acclaim at the very top of field through extensive documentation.

A postdoctoral researcher with a Ph.D. in horticulture sought an EB-2 national interest waiver to conduct research on HLB-resistant citrus. The Director found the endeavor had substantial merit and national importance but concluded she was not well positioned and the waiver would not benefit the U.S. The AAO sustained the appeal, finding all three Dhanasar prongs satisfied based on her expertise, documented successes, and significant horticultural and economic benefits.