Published AAO appeal decisions

ENT physician with advanced degree seeking NIW for EB-2. AAO found first two Dhanasar prongs met: proposed medical endeavor has national importance and petitioner well-positioned. Failed third prong: insufficient urgency to waive labor certification requirement.

Computer vision and AI researcher sought EB-2 national interest waiver. AAO found proposed endeavor had substantial merit and national importance, and applicant well positioned to advance it via advanced degree and publication record. However, waiver not warranted: while work involves critical emerging technology, evidence did not show national interest sufficiently urgent to justify forgoing labor certification process.

Biomedical engineer with advanced degree seeks EB-2 with national interest waiver to research neurodegenerative diseases. AAO sustained appeal, finding all three Dhanasar prongs met: research has substantial merit and national importance, petitioner well-positioned to advance it, and waiver would benefit United States.

Software engineer with Ph.D. in electrical and computer engineering sought EB-2 national interest waiver. Director found first prong met but third prong failed. AAO affirmed first prong for research only but withdrew finding on second prong. Petitioner failed third prong: work primarily benefits employer, no evidence labor certification inappropriate, insufficient urgency. Dismissed.

Plant sciences researcher with Master's degree sought EB-2 with NIW. AAO sustained appeal, finding all three Dhanasar prongs met: research on crop resilience has national importance, applicant's credentials and record position him to advance the work, and national interest in critical biotechnology justifies waiving labor certification.

An employer petitioned for EB-2 national interest waiver for a software engineer specializing in thermal management for electric vehicles. The AAO dismissed, finding the specific proposed work lacked evidence of broader industry or field implications rising to national importance, despite the importance of electric vehicle development and sustainability goals generally.

A postdoctoral researcher in applied mathematics sought NIW for research on mathematical models for ecology and conservation. The AAO remanded because SCOPS failed to provide detailed analysis of national importance, the petitioner's qualifications, and the balance of waiver factors under Dhanasar.

Postdoctoral researcher in wireless communications and networking seeking EB-2 NIW. SCOPS denied; first appeal found substantial merit and positioning but denied waiver on balancing prong. Motion to reconsider granted after AAO recognized Ph.D. in STEM field working on critical emerging technology as strong positive factor for national benefit under revised Dhanasar analysis.

A physician-researcher pursuing a Ph.D. in biomedical sciences seeks NIW for research on breast cancer biomarkers and early detection. The petitioner claimed three Dhanasar prongs. The AAO sustained the appeal, finding the proposed research has substantial merit and national importance, the petitioner is well-positioned to advance it given his medical degree and publication record, and waiving job offer requirements would benefit the United States.

Self-petitioner, professor in Nigeria with Ph.D., proposed research on nanostructured materials to remove contaminants and microplastics from water for treatment and desalination. AAO sustained appeal, finding all three Dhanasar prongs satisfied: research has national importance for U.S. water quality; petitioner well positioned to advance with relevant expertise and track record.

Data scientist with doctorate in earth science sought EB-2 NIW for climate change research using dynamical theories and data analysis. Met all three Dhanasar prongs: endeavor has substantial merit and national importance, petitioner well positioned to advance it, and balance favors waiver given STEM expertise and contributions.

An inorganic chemist sought EB-2 classification and national interest waiver for research in carbon-capturing metal-organic frameworks. The AAO sustained the appeal, finding all three Dhanasar prongs met: the research has national importance for ecological sustainability, the petitioner is well positioned to advance it with her doctoral expertise and peer recognition, and waiving labor certification serves the national interest.

Electrical engineer and medical imaging researcher with Ph.D. in ultrasound diagnostic analysis sought EB-2 with national interest waiver. Claimed research has broad field implications. AAO sustained, finding all three Dhanasar prongs met: substantial merit and national importance demonstrated, well-positioned given Ph.D. and track record, and U.S. balance favored waiver.

An assistant professor and researcher in finance and economics with a PhD seeks EB-2 national interest waiver. Petitioner proposed developing machine learning techniques for finance applications. AAO found all three Dhanasar prongs satisfied: the endeavor has substantial merit and national importance, petitioner is well-positioned to advance it through his education and experience, and waiving the job offer requirement would benefit the United States.

Agribusiness executive from Brazil seeking NIW for consulting role improving U.S. agribusiness efficiency. Claimed prior seed industry experience and professional expertise. AAO dismissed, finding proposed endeavor lacks defined scope and appreciable national impact; benefits of labor certification process outweigh petitioner's contributions.

A dentist seeking EB-2 NIW to provide dental services in underserved rural communities claimed her business model addresses a shortage. AAO held that while the endeavor has substantial merit and she is well positioned to advance it, national importance is not established.

An artificial intelligence researcher with master's and Ph.D. degrees sought EB-2 NIW classification to advance machine learning algorithms for power system security. The AAO found all three Dhanasar prongs met: national importance of the endeavor, applicant's positioning, and net benefit to the United States. Appeal sustained.

An electrical engineer sought a national interest waiver for renewable energy work. The AAO found his proposed endeavor had substantial merit and national importance, he was well positioned to advance it with relevant experience and credentials, and on balance a waiver would benefit the United States in critical energy technology.

A logistics entrepreneur appealed dismissal of motions to reopen and reconsider a denied national interest waiver petition. The AAO affirmed dismissal, finding the change in intended operations reflected ineligibility, and evidence did not establish national importance, adequate positioning, or balanced benefit to the U.S.

An applied mathematics and structural engineering researcher with a master's degree seeks NIW. Claimed all three Dhanasar prongs. The AAO held all three prongs met: the research endeavor has substantial merit and national importance; the petitioner's education, experience, and research accomplishments position him to advance the work; and the waiver benefits the United States.

Data scientist with master's degree in data science and entrepreneurial background petitioned for NIW. Claimed all three Dhanasar prongs. AAO found proposed endeavor has substantial merit and national importance for business analytics, petitioner well-positioned through education and experience, and waiver balanced beneficial to U.S. interests in STEM field.

Research scientist in organic chemistry employed at FDA control laboratory sought national interest waiver. AAO sustained appeal: proposed research on reducing chemical waste in wastewater treatment satisfies all three Dhanasar prongs; environmental protection aligns with national security; petitioner well-positioned with doctoral degree and record.

Technology company petitioned for embedded systems architect with advanced degree; sought NIW for EB-2. AAO sustained appeal, finding proposed endeavor in motor controls and EV charging has national importance, beneficiary well-positioned to advance it, and waiver benefits the US based on track record and critical STEM contributions.

Technology company petitions for vice president managing national streaming service. AAO sustained appeal finding all three Dhanasar prongs met: endeavor has national importance affecting millions nationally, beneficiary is well-positioned with decade-long track record, and waiver benefits United States.

A researcher in cancer therapeutics using biotechnology tools sought EB-2 national interest waiver. The AAO sustained the appeal, finding the proposed research demonstrated substantial merit and national importance, the petitioner was well positioned to advance it, and on balance waiving the job offer would benefit the United States.