Published AAO appeal decisions

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.

Entrepreneur seeks NIW for EB-2 to develop fitness training equipment company. Petitioner claimed endeavor had national importance by promoting economic development and exports. AAO held proposed work failed Dhanasar prong one: insufficient evidence showed national importance or substantial economic benefits beyond the company itself. Appeal dismissed.

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.

Financial applications consultant with advanced degree seeks NIW under Dhanasar framework. Claimed proposed financial consulting work has national importance with federal government impact. AAO found petitioner failed first prong: proposed work lacks demonstrated national importance, specific projects, or substantial U.S. economic effects beyond employer and clients.

Semiconductor research engineer sought NIW for EB-2 advanced degree. Petitioner demonstrated advanced degree but failed to establish national importance of proposed digital hardware and semiconductor memory engineering work. AAO found work lacked sufficient prospective impact on field or U.S. economy broadly and provided no evidence of substantial job creation or economic effects.

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.

Engineering manager sought EB-2 national interest waiver for production engineering role in automotive manufacturing. AAO found the work, though valuable, lacked sufficient national importance as her proposed endeavor would not impact the field or industry broadly beyond her employer.

A sterilization supervisor with an advanced degree sought an EB-2 national interest waiver for infection control management work. The AAO dismissed, finding his proposed endeavor lacked national importance because it would benefit only his employers and their patients, not the field or healthcare industry broadly.

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.

A historical architect sought EB-2 classification with national interest waiver. The AAO found she qualified as advanced degree holder but failed Dhanasar's first prong: her preservation consulting work, though having substantial merit, lacked evidence of national importance or broader field impact. 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.

A special education teacher and coordinator sought an EB-2 classification with a national interest waiver. Her advanced degree was accepted, but the AAO held that her proposed work, though meritorious, lacked national importance because its impact stayed at her school and teacher shortages alone were insufficient. The remaining prongs were not examined.

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.

Gospel musician sought EB-2 classification with national interest waiver. Petitioner failed to establish advanced degree requirement or exceptional ability, meeting only two of six required criteria. AAO dismissed appeal because proposed work lacks national importance, the first Dhanasar prong, making further analysis unnecessary.

Entrepreneur sought NIW waiver for EB-2 advanced degree in fast food restaurant business. Petitioner demonstrated advanced degree and substantial merit of business plan with growth potential and job creation claims. AAO found business lacks documented significant potential to employ U.S. workers or substantial positive economic effects necessary for national importance determination.

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.

An entrepreneur with an advanced degree sought a national interest waiver to open automotive retail businesses in Florida. The AAO found his proposed endeavor had substantial merit but lacked national importance because it would not extend beyond his business and customers to benefit the broader economy or industry.

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.

Financial analyst petitioner sought national interest waiver. AAO found petitioner qualified for advanced degree classification but dismissed appeal, concluding proposed work lacked national importance under Dhanasar's first prong; services benefited employer and clients only without sufficient evidence of broader economic effects or job creation.

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.

Legal consultant seeking national interest waiver for EB-2 advanced degree classification. Petitioner claimed proposed work in cross-border commerce and trade consultation has national importance. AAO affirmed denial, finding work has substantial merit but lacks national importance because benefits would not extend beyond petitioner's company and clients to impact industry or economy broadly.

Self-petitioner entrepreneur in real estate and commercial business seeks NIW. Claimed substantial merit of proposed ventures but failed to demonstrate national importance. AAO found no evidence of broad field impact, significant job creation potential, or economic effects reaching national scale.