Published AAO appeal decisions

A biochemist with a Ph.D. in Korean integrative medicine seeks EB-2 national interest waiver. The AAO agreed the proposed endeavor met the first Dhanasar prong but remanded because SCOPS inadequately analyzed the petitioner's h-index, citations, publications, and recommendations for the second prong.

Doctoral researcher in microbiology and bioinformatics sought NIW for EB-2 classification. AAO found proposed research endeavor had substantial merit and national importance, and petitioner was well-positioned to advance it, but dismissed motion to reconsider because petitioner failed to demonstrate expertise significantly above ordinarily encountered in field.

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.

Medical researcher with advanced degree sought national interest waiver for EB-2. AAO held proposed research has substantial merit and national importance but petitioner not well positioned to advance it, lacking documented plan, prior success in similar efforts, or evidence of led funded research projects.

A researcher with a doctoral degree sought a national interest waiver for an EB-2 petition proposing work on substance use disorder treatment. The AAO affirmed dismissal because the petitioner failed to demonstrate national importance of her proposed endeavor despite working in an important field, lacking specific independent evidence comparable to expert letters required.

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.

Clinical research scientist in neurology sought EB-2 NIW for COVID-19 related research. SCOPS found substantial merit but not national importance; AAO affirmed. Petitioner failed to show how her specific proposed endeavor would have broader implications or significant prospective impact distinct from general field importance.

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 microbiologist with advanced degree sought EB-2 national interest waiver for genetic research on foodborne pathogens and antimicrobial resistance. The AAO affirmed he met the first two Dhanasar prongs but dismissed because he failed to establish the national interest in his contributions was urgent enough to justify waiving labor certification requirements.

Toxicologist sponsored by employer for research in health and safety risk assessment sought national interest waiver. AAO found endeavor had merit and beneficiary well positioned, but waiver not warranted because labor certification was not shown impractical and no urgent national interest was demonstrated.