Published AAO appeal decisions

Clinical research scientist in neurology sought EB-2 NIW for COVID-19 related research. SCOPS found substantial merit but not national importance; AAO affirmed. Petitioner failed to show how her specific proposed endeavor would have broader implications or significant prospective impact distinct from general field importance.

A postdoctoral researcher self-petitioned for NIW seeking EB-2 as individual with advanced degree. She proposed researching immunological reactions to kidney transplantation. The AAO found the endeavor had national importance but dismissed because prior publications in unrelated medical fields did not establish she was well positioned to advance this specific research area.

Physician with cardio-oncology research proposed advancing treatment of cardiovascular diseases in cancer patients. AAO found research met national importance but his published work lacked evidence of driving field progress or generating relevant party interest, failing the well-positioned prong.

Neuroscience researcher with Ph.D. seeks EB-2 self-petition with NIW for research on Alzheimer's and ataxia mechanisms using stem cells. AAO found all three Dhanasar prongs met: research has national importance with broader implications, petitioner well-positioned with advanced degree and track record, and waiver benefits U.S. given urgent medical need.

A microbiologist with advanced degree sought EB-2 national interest waiver for genetic research on foodborne pathogens and antimicrobial resistance. The AAO affirmed he met the first two Dhanasar prongs but dismissed because he failed to establish the national interest in his contributions was urgent enough to justify waiving labor certification requirements.

Toxicologist sponsored by employer for research in health and safety risk assessment sought national interest waiver. AAO found endeavor had merit and beneficiary well positioned, but waiver not warranted because labor certification was not shown impractical and no urgent national interest was demonstrated.

Laboratory supervisor sought EB-2 with national interest waiver to conduct immunological research for drug development. AAO held petitioner not well-positioned to advance proposed endeavor; research publications and praise insufficient without concrete evidence of past success or funded future projects.

A molecular scientist seeks an EB-2 NIW to continue research on protein interactions for neurodegenerative disease therapies. The AAO dismissed, finding the endeavor meritorious but the applicant not well-positioned to advance it independently without demonstrated funding responsibility or sustained stakeholder interest.

A mechanical engineering doctoral student sought an EB-2 national interest waiver to develop computational models and digital twins for personalized medicine. The AAO found the endeavor met the first prong but dismissed because the petitioner lacked sufficient evidence of research success, clinical impact, or interest from relevant parties to show she was well positioned to advance it.

A medical scientist with a Ph.D. sought EB-2 NIW for autoimmune disease research under Dhanasar framework. AAO found the endeavor had substantial merit but the petitioner lacked positioning to advance it: insufficient funding, no detailed plan for future work, and no demonstrated progress toward the proposed endeavor.

Medical physicist sought EB-2 classification with NIW, proposing radiation therapy detector research using CdTe semiconductor material. AAO found the endeavor had substantial merit and national importance, but dismissed appeal because petitioner failed to demonstrate she was well-positioned to advance it.

Epidemiologist with doctoral degree in biomedicine sought NIW for research on infectious disease control. AAO found the proposed endeavor has substantial merit and national importance, petitioner is well-positioned to advance it through expertise and publication record, and waiving the job offer requirement would benefit the United States. Appeal sustained.

Vascular researcher with Ph.D. in medical cell biology seeking EB-2 NIW. Proposed advancing critical bioinformatics and biomechanical research. AAO sustained, finding all three Dhanasar prongs met: endeavor has national importance, petitioner well positioned to advance it, and waiver would benefit US.

A physiologist sought NIW classification to advance their exercise physiology career in the United States. The AAO dismissed, finding the proposed endeavor failed both the national importance prong (no demonstrated global or broad field impact) and the positioning prong (insufficient evidence of defined work, location, and committed support).

Ph.D. public health researcher with advanced degree sought NIW as self-petitioner. AAO found endeavor has substantial merit and national importance but dismissed appeal because petitioner failed to demonstrate she is well-positioned to advance her research through evidence of impact or success.

Research foundation sought EB-2 NIW for beneficiary to conduct epidemiological research on mental health in Puerto Rican youth as part of NIH ECHO program. AAO sustained appeal, finding the research has national importance, beneficiary is well-positioned with relevant expertise, and waiving labor certification benefits U.S. scientific interests.

Self-petitioner, researcher with advanced degree seeking EB-2 NIW. First prong met: substantial merit and national importance established. Second prong failed: despite academic accomplishments and research participation, petitioner did not demonstrate sufficient role significance or progress toward goals to be well-positioned to advance endeavor.

Veterinary researcher with PhD sought NIW for EB-2 to continue infectious disease and antibiotic-resistance research. AAO sustained appeal, finding all three Dhanasar prongs met: proposed endeavor of substantial merit and national importance, petitioner well positioned to advance it, and waiver beneficial to United States.

A cancer researcher seeking EB-2 with NIW to continue research in cancer immunotherapy. AAO sustained the appeal, finding the petitioner met all three Dhanasar prongs: the research has substantial merit and national importance; the petitioner is well positioned to advance it; and waiving labor certification benefits the United States given the work's potential to reduce cancer morbidity and mortality.

A Ph.D. biochemist sought EB-2 national interest waiver to conduct aptamer research for drug detection and treatment. The AAO sustained the appeal, finding all three Dhanasar prongs met: the endeavor had substantial merit and national importance, the petitioner was well-positioned to advance it, and waiving labor certification would benefit the United States.

Medical scientist seeking EB-2 with national interest waiver. Claimed proposed endeavor to bridge Korean and U.S. medical systems had substantial merit and national importance, and that he was well positioned to advance it. AAO found the endeavor lacked specificity, techniques were not clearly identified or proven superior to existing U.S. offerings, and no demonstrated partnerships or interest from relevant institutions.

An environmental scientist with a master's degree in natural resources engineering sought EB-2 NIW classification based on research in urban water management and sustainability. The AAO agreed the research had substantial merit and national importance but found she was not well-positioned to advance it independently and had not shown benefit of waiver over labor certification. Appeal dismissed.

Psychological science researcher with Ph.D. sought EB-2 classification with national interest waiver. AAO sustained appeal, finding all three Dhanasar prongs met: proposed research has substantial merit and national importance; petitioner is well positioned to advance it; waiver benefits U.S. interests.

Medical researcher in liver transplantation sought EB-2 NIW. Service center found advanced degree qualification but denied waiver. AAO found proposed research had national importance but petitioner was not well positioned to advance it—lacking sufficient publication record, citations, and field recognition to demonstrate success trajectory.

Medical researcher with Ph.D. sought national interest waiver after director found advanced degree eligibility. AAO held all three Dhanasar prongs met: proposed research has substantial merit and national importance, petitioner well positioned to advance it, and waiver benefits United States based on her demonstrated expertise and contributions.