Published AAO appeal decisions

A biomedical engineering graduate research assistant sought NIW EB-2 classification for livestock safety research. The AAO found the proposed endeavor had substantial merit and national importance but dismissed the appeal because the petitioner failed to demonstrate he was well positioned to advance the endeavor, lacking a demonstrated record of research success.

CEO seeks NIW for EB-2 self-employment operating functional and organic food businesses with nationwide online sales. Petitioner claimed national scope and health benefits addressing obesity. AAO dismissed, finding endeavor lacks national importance; online sales presence and health alignment insufficient without evidence of substantial economic effects or broader field impact.

Agricultural scientist seeking EB-2 national interest waiver for climate-resilient farming research. AAO found proposed endeavor met substantial merit and national importance prong but applicant failed second prong: master's degrees and publication record insufficient to establish she is well positioned to advance the endeavor. Third prong not addressed due to failure on second prong.

An agro-industrial engineer self-petitioned for EB-2 classification with a national interest waiver. The AAO found him qualified as an advanced degree professional but denied the waiver. His consulting services to agricultural and manufacturing SMEs lacked the national or global implications necessary to demonstrate national importance under Dhanasar.

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.

Agricultural engineer proposes to establish a consulting company offering personalized innovative solutions to farmers and agribusinesses to optimize productivity and sustainability. AAO held the proposed endeavor lacks national importance because it failed to demonstrate substantial prospective economic impact or job creation beyond serving selected regional clients.

A ranch manager with advanced degree sought EB-2 with national interest waiver for cattle ranch operations. AAO granted underlying EB-2 eligibility but denied waiver, finding proposed job lacked demonstrated national importance. Local economic impact and industry relevance alone insufficient without broader field implications.