Published AAO appeal decisions

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.

University sponsored assistant professor in agricultural soil science for national interest waiver. AAO sustained appeal, finding proposed research on greenhouse gas emissions and soil fertility meets all Dhanasar prongs and merits waiver.

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.

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.

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.

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.

A geosteering researcher with advanced degree sought national interest waiver of job offer requirement under Dhanasar framework. All three prongs were satisfied: substantial merit and national importance of research improving drilling operations, petitioner well positioned to advance work, and balance favors waiver. Appeal sustained.

Physician researcher in pathology and cellular biology sought EB-2 with national interest waiver for hematological malignancy research. AAO sustained appeal, finding all three Dhanasar prongs met: research has substantial merit and national importance, petitioner well-positioned by experience and publication record, and waiver benefits U.S. healthcare interests.

A biostatistics researcher with a Ph.D. sought an EB-2 national interest waiver. He proposed research improving clinical trial design and quality-of-life studies. The AAO sustained his appeal, finding all three Dhanasar prongs satisfied: substantial merit and national importance, well-positioned qualifications, and net benefit to the nation.

Trauma surgeon and cancer researcher seeks EB-2 national interest waiver. Claimed three Dhanasar prongs: substantial merit and national importance of breast cancer research, capability to advance it, and net benefit to United States. AAO sustained appeal, finding all three prongs satisfied by evidence of research impact and petitioner's demonstrated expertise.

A public health researcher with focus on cancer drug safety sought NIW under EB-2. AAO found all three Dhanasar prongs met: proposed research on checkpoint inhibitor adverse effects has substantial merit and national importance; petitioner is well positioned based on past experience; waiver favors U.S. on balance. Appeal sustained.

A postdoctoral researcher in cardiovascular medicine sought NIW based on advanced degree eligibility. The AAO sustained the appeal, finding the proposed research into molecular treatments for heart disease and stroke has substantial merit and national importance, the petitioner is well positioned to advance it through demonstrated innovation and citations, and waiving the job offer requirement would benefit the United States.

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 postdoctoral researcher sought an EB-2 national interest waiver for research on neuron cell biology and nanotechnology-based medical devices. The AAO found all three Dhanasar prongs satisfied: substantial merit and national importance, researcher well positioned to advance work, and balance favoring waiver. Appeal sustained.

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.

A social protection specialist sought NIW for EB-2 classification based on international development work in Egypt and Yemen. Petitioner claimed substantial merit and national importance of social protection initiatives, positioning to advance them, and that waiver benefits the US. AAO sustained appeal, finding all three Dhanasar prongs satisfied.

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.

Biostatistician petitioner sought NIW for EB-2 classification based on work on pediatric HIV clinical trials. AAO sustained appeal, finding all three Dhanasar prongs satisfied: proposed endeavor has substantial merit and national importance, petitioner well positioned to advance it, and national interest favors waiving job offer requirement.

Physician with advanced degree sought NIW to continue cancer research and clinical practice, developing evidence-based staging guidelines. Petitioner established all three Dhanasar prongs: endeavor has substantial merit and national importance, petitioner well positioned by experience and expertise, and waiver benefits United States. Appeal sustained.

University petitioned for software engineer's EB-2 national interest waiver. Engineer designed web interface for high-performance computing platform supporting scientific research. Decision found substantial merit, national importance of cyberinfrastructure project, strong positioning to advance it, and net benefit to United States from waiving labor certification.

A consultant proposes to form a small business improving veterans services and wounded warrior reintegration. The AAO held all three Dhanasar prongs were met: the endeavor has substantial merit and national importance, the petitioner is well positioned to advance it with demonstrated expertise and a credible business plan, and the United States benefits from waiving the job offer requirement given his expertise and past success.