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.

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.

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.