Published AAO appeal decisions

A materials engineering researcher proposed computational modeling research to improve additive manufacturing processes and sought a national interest waiver. The AAO agreed the endeavor has substantial merit but held national importance was not shown, since the evidence did not demonstrate prospective impact. It dismissed the appeal and reserved the remaining prongs.

A chemist and postdoctoral researcher sought EB-2 national interest waiver for research on high-performance materials for energy conversion. The AAO found the proposed endeavor met the first Dhanasar prong but the petitioner was not well positioned to advance it due to lack of demonstrated success and institutional support. The appeal was dismissed.

Chemical engineer self-petitioner sought NIW for EB-2 advanced degree classification. AAO affirmed denial because petitioner failed to establish national importance of proposed endeavor due to vague, inconsistent description of multiple different jobs, and failed to show he was well positioned to advance any coherent endeavor without demonstrated government interest or fellowship offer.

A research and development engineer in textile materials science sought a national interest waiver for work on durable protective textiles. The AAO agreed the endeavor has merit and national importance but dismissed the appeal because education, publications, citations and letters did not show he was well positioned to advance it; the balancing prong was reserved.

Physical chemist seeks NIW for research on surface science machines and heterogeneous catalysis for clean energy. Substantial merit established but national importance not demonstrated. Petitioner presented general field importance and air quality statistics but failed to show specific prospective impact of proposed endeavor. Appeal dismissed.

Chemical engineering graduate student seeks NIW for research designing materials for PFAS water purification. AAO found first prong met but rejected second prong, concluding citations and publications alone insufficient to show field influence and well-positioning.

Chemist seeking EB-2 with national interest waiver for research on biochemical processes for medical and energy applications. AAO found endeavor has substantial merit but lacks established national importance due to vague, inconsistent, and expansive claims. Appeal dismissed.

A software engineer and researcher sought an EB-2 national interest waiver to continue research on molecular materials for water treatment and clean energy storage. The AAO accepted the endeavor's merit and national importance but dismissed the appeal, finding he was not well positioned to advance it despite his doctorate and publications.

Materials engineer proposed developing steel production technologies. Claimed substantial merit and national importance were established. AAO found he lacked record of success in related efforts, demonstrated no progress toward the goal, and showed no customer or investor interest, thus failing the well-positioned prong and requiring dismissal.

An inorganic chemist sought EB-2 classification and national interest waiver for research in carbon-capturing metal-organic frameworks. The AAO sustained the appeal, finding all three Dhanasar prongs met: the research has national importance for ecological sustainability, the petitioner is well positioned to advance it with her doctoral expertise and peer recognition, and waiving labor certification serves the national interest.

Research scientist in organic chemistry employed at FDA control laboratory sought national interest waiver. AAO sustained appeal: proposed research on reducing chemical waste in wastewater treatment satisfies all three Dhanasar prongs; environmental protection aligns with national security; petitioner well-positioned with doctoral degree and record.

A postdoctoral fellow in chemical engineering sought EB-2 NIW based on proposed fuel research. The AAO found the endeavor had merit and national importance but dismissed because the petitioner lacked sufficient evidence of being well positioned to advance it, particularly given limited citation impact and no demonstrated primary funding responsibility.

Industrial chemist seeking NIW for research on chemical applications. First prong met but second prong failed because patent and publications, though recognized, did not demonstrate sufficient industry impact or record of success needed to show petitioner well positioned to advance research endeavor.

A chemical engineer with advanced degree sought national interest waiver for EB-2 classification. The AAO found the proposed research had substantial merit and national importance but concluded the petitioner was not well positioned to advance it, dismissing the appeal.

Materials chemistry researcher pursuing Ph.D. seeking EB-2 with national interest waiver. Met first Dhanasar prong: proposed research in smart polymers has broader field implications. Failed second prong: insufficient evidence of being well positioned to advance the research despite publications, citations, and support letters. Appeal dismissed.

Organic chemistry researcher sought national interest waiver for EB-2. AAO dismissed because although the proposed endeavor met the first prong for substantial merit and national importance, petitioner failed to establish being well positioned to advance it under the second prong.