Published AAO appeal decisions

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.