Published AAO appeal decisions

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.

A postdoctoral researcher self-petitioned for NIW seeking EB-2 as individual with advanced degree. She proposed researching immunological reactions to kidney transplantation. The AAO found the endeavor had national importance but dismissed because prior publications in unrelated medical fields did not establish she was well positioned to advance this specific research area.

Physician with cardio-oncology research proposed advancing treatment of cardiovascular diseases in cancer patients. AAO found research met national importance but his published work lacked evidence of driving field progress or generating relevant party interest, failing the well-positioned prong.

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.

Forensic DNA technologist seeking EB-2 with national interest waiver. Petitioner claimed her work aligns with Justice for All Act and addresses DNA testing availability. AAO found the specific proposed endeavor lacks national importance because it extends only to employer's clients and courtroom testimony, not her field broadly.

Laboratory supervisor sought EB-2 with national interest waiver to conduct immunological research for drug development. AAO held petitioner not well-positioned to advance proposed endeavor; research publications and praise insufficient without concrete evidence of past success or funded future projects.

A molecular scientist seeks an EB-2 NIW to continue research on protein interactions for neurodegenerative disease therapies. The AAO dismissed, finding the endeavor meritorious but the applicant not well-positioned to advance it independently without demonstrated funding responsibility or sustained stakeholder interest.

A mechanical engineering doctoral student sought an EB-2 national interest waiver to develop computational models and digital twins for personalized medicine. The AAO found the endeavor met the first prong but dismissed because the petitioner lacked sufficient evidence of research success, clinical impact, or interest from relevant parties to show she was well positioned to advance it.

A sports and exercise physiologist seeks EB-2 NIW with an advanced degree. The AAO found the proposed endeavor has substantial merit but lacks national importance. Connection to national health initiatives is insufficient without demonstrating prospective impact. Reserved second and third prongs; dismissed appeal.

A medical scientist with a Ph.D. sought EB-2 NIW for autoimmune disease research under Dhanasar framework. AAO found the endeavor had substantial merit but the petitioner lacked positioning to advance it: insufficient funding, no detailed plan for future work, and no demonstrated progress toward the proposed endeavor.

Doctoral nutrition science student seeks EB-2 advanced degree and national interest waiver for research on nutrition, obesity, and sustainable farming. AAO held endeavor has substantial merit but lacks national importance; expert letters insufficient to demonstrate specific prospective impact on field broadly.

Doctoral research scientist in chemistry sought EB-2 with national interest waiver for research in cancer treatment and heavy metal recovery. AAO dismissed because petitioner failed to delineate specific proposed future endeavor; generalized claims about contributions without detailed expert letters or government entity corroboration regarding prospective national impact were insufficient.

A scientist with advanced degree sought waiver to develop sensor technology reducing heavy metal poisoning. The AAO affirmed dismissal because the petitioner materially altered the proposed endeavor between initial filing and RFE response, creating inconsistency that prevented analysis of national importance.

Advanced degree professional in scientific research seeking NIW for continued employment in research-focused role. AAO dismissed appeal, affirming Director's finding that applicant failed first prong; duties and research lacked shown national importance despite alignment with national priorities.

Medical physicist sought EB-2 classification with NIW, proposing radiation therapy detector research using CdTe semiconductor material. AAO found the endeavor had substantial merit and national importance, but dismissed appeal because petitioner failed to demonstrate she was well-positioned to advance it.

Medical researcher sought EB-2 with national interest waiver to write books and establish research institute. AAO dismissed, finding willful misrepresentation through plagiarized documents. Endeavor also lacked national importance; STEM field importance alone insufficient without broader impact demonstration.

Epidemiologist with doctoral degree in biomedicine sought NIW for research on infectious disease control. AAO found the proposed endeavor has substantial merit and national importance, petitioner is well-positioned to advance it through expertise and publication record, and waiving the job offer requirement would benefit the United States. Appeal sustained.

Vascular researcher with Ph.D. in medical cell biology seeking EB-2 NIW. Proposed advancing critical bioinformatics and biomechanical research. AAO sustained, finding all three Dhanasar prongs met: endeavor has national importance, petitioner well positioned to advance it, and waiver would benefit US.

A physiologist sought NIW classification to advance their exercise physiology career in the United States. The AAO dismissed, finding the proposed endeavor failed both the national importance prong (no demonstrated global or broad field impact) and the positioning prong (insufficient evidence of defined work, location, and committed support).