Published AAO appeal decisions

A dentist trained in Brazil sought EB-2 classification as an advanced degree professional with a national interest waiver. The AAO withdrew the finding that the foreign degree was equivalent to a US doctorate and found the petitioner not well positioned to advance the endeavor because he lacked US licensure and was working as a dental assistant. Worker shortage alone does not support a waiver.

Information systems manager sought exceptional ability classification and national interest waiver for EB-2. AAO dismissed appeal because petitioner failed to describe specific proposed endeavor with national importance, merely asserting occupation-level expertise; also failed to show waiver's balance favored United States.

A chemist with Ph.D. in organic chemistry sought national interest waiver. AAO found she met the first two Dhanasar prongs but failed the third, concluding waiver was not warranted because her fellowship was time-limited, her citation metrics were deficient, and publication benefits were contingent on academic versus commercial employment.

Metallurgist with advanced degree employed as research engineer sought national interest waiver of job offer requirement for EB-2 classification. AAO found proposed 3D printing research has substantial merit and national importance, and petitioner well positioned to advance it. However, petitioner failed to demonstrate that waiver would benefit United States on balance; dismissed.

Software developer with overseas experience sought EB-2 with national interest waiver. AAO held he failed to meet three exceptional ability criteria and failed first and third Dhanasar prongs, dismissing the appeal.

An anesthesiologist sought EB-2 classification with national interest waiver. Although qualified as advanced degree professional, the AAO summarily dismissed the appeal because petitioner failed to address the Director's findings on two dispositive Dhanasar prongs: national importance and balancing analysis, leaving these conclusions uncontested.

Computational mathematics researcher petitioner sought NIW for EB-2 based on infrastructure and transportation research. AAO dismissed appeal because although proposed work met first Dhanasar prong, petitioner failed to demonstrate sufficient record of success or unique contributions to satisfy well-positioned and balancing prongs.

A cardiologist and researcher with advanced degree sought national interest waiver of job offer requirement under Dhanasar framework. The AAO found the proposed research had substantial merit and national importance, but the petitioner was not well positioned to advance it and waiver was not in balance beneficial to the U.S. Appeal dismissed.

Minister in community development sought EB-2 exceptional ability classification with national interest waiver. AAO dismissed appeal as abandoned for failure to respond to RFE. Alternatively, held petitioner failed to establish exceptional ability and did not meet any prong of the Dhanasar national interest waiver framework.

Industrial hygiene researcher sought EB-2 national interest waiver. Met first prong: proposed occupational safety research has substantial merit and national importance. Failed second prong: insufficient evidence of record of success or field interest. Failed third prong: not shown contributions benefit nation more than available U.S. workers. Appeal dismissed.

An automation and optimization supervisor sought EB-2 classification with NIW under Dhanasar. The AAO found he qualified as advanced degree professional but rejected the NIW, determining his proposed SAP project work lacks national importance beyond his employer and that waiving the job offer requirement would not benefit the United States.