Published AAO appeal decisions

Bioengineer in precision medicine and drug discovery met first Dhanasar prong with substantial merit and national importance. However, lacked PhD and did not demonstrate sufficient progress, plan, or stakeholder interest required for second prong. Appeal dismissed.

Chemical and biomedical engineer with Ph.D. sought EB-2 classification and NIW. Petitioner established first prong of substantial merit and national importance of proposed research endeavor. AAO agreed but found petitioner did not sufficiently demonstrate record of success in related efforts, citations impact, or viable plan with documentary support for claimed employment.

Chemical engineer with five years pharmaceutical and biotechnology experience sought EB-2 with national interest waiver. Proposed developing analytical methods and processes for vaccine and therapeutic manufacturing. AAO dismissed because petitioner failed to demonstrate proposed work has national importance; work appeared routine to employer without broader industry impact.

Biotechnology researcher proposes developing genomic editing tools for disease modeling and gene therapy targeting neurodegenerative and autoimmune disorders. AAO found the endeavor has substantial merit but rejected it because the record fails to establish the proposed endeavor's prospective impact or national importance, relying instead on general industry importance.

Postdoctoral researcher with advanced degrees seeks NIW for CAR T cell research involving epigenetic reprogramming. AAO found endeavor meets national importance but failed to demonstrate she is well positioned to advance it despite citations and peer review participation.

Formulation scientist with Ph.D. seeks NIW for drug delivery systems research. AAO found substantial merit and national importance of proposed research endeavor but concluded petitioner failed to demonstrate independence from employer, failing second prong.

A graduate student in biomedical engineering seeks NIW for research on photoacoustic imaging in clinical settings. The AAO found the endeavor has substantial merit and national importance but dismissed because the petitioner did not demonstrate she is well-positioned to advance it, lacking a Ph.D., documented employment, or evidence of progress or investor interest.

Biochemistry graduate student seeks NIW waiver for antibiotic resistance research endeavor. Service center denied waiver, finding advanced degree established but national importance and waiver benefit not shown. AAO remanded for fuller analysis of Dhanasar prongs, noting service center overlooked expert letters and inadequately addressed evidence.

Biomedical researcher seeks EB-2 with national interest waiver. AAO found proposed research endeavor has substantial merit and national importance but concluded petitioner lacks adequate credentials, publications, and documented education to be well positioned to advance it. Appeal dismissed on second prong failure.

Clinical laboratory scientist proposes AI forecasting models to address blood-bank shortages. AAO held endeavor has national importance but petitioner not well positioned to advance it: lacks demonstrated AI capabilities, formal machine learning education, and progress evidence despite prior statistics coursework and media attention.

Postdoctoral fellow in biomedical research sought EB-2 NIW with advanced degree. Proposed cancer research endeavor met substantial merit and national importance, but AAO found petitioner not well positioned to advance it: lacking significant funded grant record, evidence of work adoption by others, or comprehensive future plan despite strong academic credentials.

Business development manager in pharmaceutical sector seeks EB-2 NIW. SCOPS found petitioner qualified for EB-2 and met second Dhanasar prong. AAO held first prong unmet because petitioner conflated general field importance with specific endeavor's national importance; no prospective impact directly attributable to petitioner's work.

Biomedical scientist with Ph.D. sought NIW for postdoctoral research on nanomembranes for cancer treatment. AAO found substantial merit and national importance but dismissed appeal because petitioner failed to demonstrate she was well-positioned to advance the endeavor through lack of sustained funding, clear research plan, or stakeholder interest.

Engineer and researcher in clinical tissue engineering and transplantation seeking EB-2 advanced degree classification and national interest waiver. AAO affirmed that petitioner qualified as advanced degree professional but dismissed appeal because petitioner failed to demonstrate being well-positioned to advance proposed endeavor; education and publications insufficient without demonstrated record of success.

A pharmaceutical researcher with advanced degree seeking EB-2 classification and national interest waiver for nanotechnology drug delivery research targeting cancer and HIV. AAO sustained appeal, finding all three Dhanasar prongs met: endeavor advances federal priorities, petitioner well-positioned through expertise and proven success, and waiver benefits U.S. public health.

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.

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.

Biomedical engineer researcher proposed postdoctoral research on brain cognitive processes using machine learning. AAO withdrew denial of prong one, finding national importance, but affirmed denial under prong two because petitioner lacked demonstrated influence or record of success advancing the field.

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.

Bioanalyst and high school teacher seeking NIW for consulting business in bioanalysis and STEM education. Claimed endeavor would advance science education and economic growth. AAO dismissed appeal, finding proposed endeavor lacked national importance and petitioner not well-positioned to advance it.

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.

Bioengineering technology researcher seeking NIW for EB-2. AAO agreed endeavor has national importance but held she is not well-positioned to advance it because her research lacks substantial citations, field impact, and evidence of obtaining funding, failing the second Dhanasar prong.

Biomedical engineer seeks NIW for EB-2 advanced degree classification to conduct cell and gene therapy research. Meets all three Dhanasar prongs: proposed endeavor has national importance, petitioner is well-positioned through credentials and research record, and waiving job offer benefits the United States.

Biocompatibility material scientist with Ph.D. seeking EB-2 classification and national interest waiver. Petitioner demonstrated all three Dhanasar prongs: proposed wound care research has national importance, petitioner is well-positioned with advanced degrees and expertise, and waiver benefits U.S. interests. Appeal sustained.

A cancer biology researcher with a Ph.D. sought a national interest waiver for EB-2 classification to conduct research on targeted cancer therapies. The AAO sustained the appeal, finding all three Dhanasar prongs satisfied: the research has substantial merit and national importance, she is well positioned to advance it, and the waiver benefits the United States.