Published AAO appeal decisions

Senior electrical engineer seeking EB-2 with national interest waiver. Petitioner qualified for EB-2 as advanced degree professional but failed NIW first prong: proposed endeavor in wireless communication and device development lacked demonstrated national importance beyond company-specific applications.

Chemical engineer sought EB-2 exceptional ability with NIW. Proposed continuation of work on solid waste and water quality treatment. AAO dismissed appeal, finding petitioner failed to qualify for underlying EB-2 exceptional ability classification by meeting fewer than three regulatory criteria and failed first Dhanasar prong on national importance.

Medical epidemiologist sought EB-2 advanced degree with NIW to advance public health preparedness and emergency response focusing on vaccine preventable diseases. AAO dismissed appeal, finding petitioner met first Dhanasar prong but failed second prong; evidence submitted post-filing was inadmissible, and petitioner did not rebut director's finding of insufficient positioning.

Chemist self-petitioner sought national interest waiver for EB-2 exceptional ability in drug development. AAO dismissed appeal because petitioner failed to sufficiently describe her specific proposed future work, preventing analysis of substantial merit, national importance, or positioning.

Psychiatric nurse practitioner sought EB-2 national interest waiver. AAO found he qualified for advanced degree classification but dismissed the NIW appeal because the proposed endeavor lacked national importance, affecting only individual patients rather than the field broadly.

Economist with advanced degrees and federal and academic experience seeking NIW under EB-2. Petitioner qualified for underlying EB-2 classification. AAO found proposed work in economics research has substantial merit but lacks national importance: petitioner provided only vague references to prior work without detailing specific prospective impact. Appeal dismissed.

Environmental engineer with Ph.D. sought EB-2 with NIW. Proposed continued research on water quality and waste treatment. AAO sustained appeal, finding all three Dhanasar prongs met: endeavor has substantial merit and national importance, petitioner well positioned to advance research, and on balance waiver benefits the United States.

Audiologist and speech pathologist with 13 years experience claimed three Dhanasar prongs for NIW. AAO dismissed appeal, finding her specific proposed endeavor of providing clinical services lacks national importance because it lacks broader field implications and substantial economic effects beyond individual patients.

Physician seeking NIW under EB-2 for proposed work as medical scientist conducting disease research. AAO held first prong met but second prong failed because petitioner is not well positioned to conduct medical research given background only in medical practice. Substantial material change between initial and revised proposed endeavors also demonstrated lack of positioning.

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.

Elementary school teacher seeks NIW for classroom instruction in special education and Portuguese language, plus hypothetical cultural center activities. AAO held classroom teaching and curriculum development lack national importance because one additional teacher does not mitigate workforce shortage or provide discernible impact.

Financial analyst seeking national interest waiver. Director found substantial merit but denied on national importance grounds. AAO affirmed; petitioner relied on prior accomplishments rather than demonstrating proposed work would impact industry broadly or create substantial U.S. economic effects.

An entrepreneur with fifteen years of business experience in strategy, development, and international trade sought EB-2 NIW classification. The AAO dismissed the appeal, finding the petitioner's proposed work expanding existing businesses lacked national importance under Dhanasar's first prong; no evidence of substantial economic impact beyond his companies.

Public health specialist seeks NIW for work in immunization, disease prevention, and maternal health. AAO held while public health field has merit, petitioner failed to identify specific projects or demonstrate prospective work extends beyond employers to impact public health field broadly at national level.

Real estate developer seeking NIW to operate affordable housing company using 3D-printed modular construction. Petitioner established substantial merit but failed to demonstrate national importance; development lacks evidence of broader economic impact or industry advancement beyond company clientele.

An accountant with advanced degree sought national interest waiver for EB-2 classification. The petitioner claimed his tax planning and accounting work would have national importance. The AAO found the proposed endeavor had substantial merit but lacked national importance because benefits would not extend beyond his employer and clients or impact the accounting industry broadly.

A physics teacher sought NIW for EB-2 classification. The AAO held that while science education has aggregate national importance, one teacher's classroom and supplemental professional development work lacks the national importance required; addressing teacher shortages is the purpose of labor certification, not NIW.

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.

Business executive sought EB-2 with national interest waiver. Director granted advanced degree classification but denied waiver. AAO agreed waiver not warranted: petitioner's company growth lacked national economic significance, aviation training software and academy projects showed no substantial benefits extending beyond his companies to impact industry broadly.

A legal consultant self-petitioned for EB-2 NIW classification. The AAO dismissed the appeal, agreeing the proposed endeavor lacks national importance under Dhanasar's first prong. Cross-border business consulting for a specific firm and its clients did not demonstrate broader implications for the field or substantial positive economic effects.

Teacher with master's degree seeking EB-2 national interest waiver for public school ELL instruction role. AAO dismissed appeal, finding his proposed teaching work, despite merit and addressing teacher shortage, lacks national importance because it would not impact education field broadly beyond his particular school.

Pharmaceutical scientist seeks national interest waiver of job offer requirement under EB-2. Met first prong showing substantial merit and national importance of proposed drug formulation research, but failed second prong lacking sufficient evidence of positioning to advance the work.

A data science researcher with a Ph.D. sought an EB-2 national interest waiver. The AAO sustained the appeal, finding all three Dhanasar prongs satisfied: the proposed research in data science algorithms and computing has national importance, the petitioner is well positioned through expertise and citations to advance it, and waiving labor certification benefits U.S. scientific interests.

Computer science graduate seeking EB-2 national interest waiver claimed intent to teach business courses or work as financial analyst to combat cyberattacks. AAO dismissed appeal because petitioner failed to clearly identify a specific proposed endeavor and any such endeavor lacked national importance or prospective economic impact.