Published AAO appeal decisions

Assistant professor of international studies sought EB-2 with national interest waiver. Director approved first prong but denied second prong. AAO reversed, withdrawing national importance finding due to vague endeavor description and unclear future employment, and affirmed failure on second prong regarding positioning.

Bioethicist with Ph.D. seeking NIW for university faculty and ethics consultation role. First prong met but second and third prongs failed because training was incomplete at filing, petitioner was not yet independent researcher, and lacked sufficient track record of successful research.

Urban planning researcher with PhD sought NIW for research in sustainable urban planning and environmental justice. AAO affirmed Director's denial: first prong met but second prong failed because petitioner lacked evidence of success, implementation, or influence in the field despite research experience and publications.

Instructional technologist with Ph.D. seeking EB-2 national interest waiver. Petitioner established first prong of Dhanasar framework for substantial merit and national importance of proposed endeavor. AAO dismissed because petitioner failed second prong; evidence did not demonstrate adequate record of success or that others in field recognize his work sufficiently.