Published AAO appeal decisions

A professor and researcher with PhD sought EB-2 NIW for proposed research endeavor. AAO sustained appeal, finding all three Dhanasar prongs met: endeavor had national importance, petitioner was well positioned to advance it, and waiver would benefit the United States.

Geology researcher sought national interest waiver as member of professions with advanced degree. AAO found proposed research on microfossils and environmental assessments had substantial merit and national importance, but dismissed appeal because petitioner failed to demonstrate she was well positioned to advance the research independently without primary investigator responsibility.

A post-doctoral research associate in entomology sought NIW for EB-2 classification. The AAO held the proposed endeavor lacks sufficient specificity and documented broader impact; prior publication citations and speaking engagements do not establish that future teaching, mentoring, and research would impact the field nationally rather than only serve local students and institutions.

Biochemistry researcher sought NIW for EB-2 classification for brain tumor research. Petitioner demonstrated substantial merit and national importance of proposed research, strong qualifications to advance it, and past successful contributions. AAO held all three Dhanasar prongs met and waiver merited.

Medical epidemiologist sought EB-2 advanced degree with NIW to advance public health preparedness and emergency response focusing on vaccine preventable diseases. AAO dismissed appeal, finding petitioner met first Dhanasar prong but failed second prong; evidence submitted post-filing was inadmissible, and petitioner did not rebut director's finding of insufficient positioning.

Physician seeking NIW under EB-2 for proposed work as medical scientist conducting disease research. AAO held first prong met but second prong failed because petitioner is not well positioned to conduct medical research given background only in medical practice. Substantial material change between initial and revised proposed endeavors also demonstrated lack of positioning.

A postdoctoral biochemistry researcher sought an NIW under Dhanasar for developing novel disease treatment derivatives. The AAO sustained the appeal, finding all three Dhanasar prongs met: proposed research had substantial merit and national importance, petitioner was well positioned to advance it, and balance favored waiver of job offer requirement.

A biochemist and molecular biologist sought an NIW under EB-2. The AAO withdrew the Director's finding on the second prong and dismissed because she failed to demonstrate being well-positioned to advance her research endeavor. Education, citations, and peer review alone were insufficient without evidence of sustained funding or primary role in grant awards.

A medical scientist seeks NIW for research on diseases and therapeutic development. First Dhanasar prong met: research has substantial merit and national importance. Second prong failed: no evidence of financial support, entity interest, or positioning to advance the proposed endeavor in the United States.

An ophthalmology researcher with advanced degrees sought EB-2 with national interest waiver for continued research on retinal diseases and treatments. The AAO sustained appeal, finding all three Dhanasar prongs met: her research has substantial merit and national importance, she is well positioned to advance it, and her contributions benefit the United States.

A biomedical researcher sought EB-2 NIW classification under the Dhanasar framework. The AAO found the proposed research had substantial merit and national importance, but concluded the petitioner failed to demonstrate she was well positioned to advance the research, precluding NIW eligibility.

A physician-researcher in cardiology sought an EB-2 national interest waiver while in medical residency. The AAO sustained the appeal, finding his research on mechanical circulatory support satisfied all three Dhanasar prongs: substantial merit and national importance, strong qualifications to advance the work, and overall benefit to the United States.

A physician and neuropathology researcher sought EB-2 with national interest waiver for neurodegenerative disease research. The AAO found the research met the first prong: substantial merit and national importance. However, the second prong failed due to insufficient evidence of positioning to advance the research. Appeal dismissed.

A forensic scientist sought national interest waiver for EB-2 advanced degree classification. The first Dhanasar prong was met: research in biomechanics has substantial merit and national importance. However, the AAO dismissed, finding insufficient evidence he is well positioned to advance the proposed endeavor.

Physician researcher in pathology and cellular biology sought EB-2 with national interest waiver for hematological malignancy research. AAO sustained appeal, finding all three Dhanasar prongs met: research has substantial merit and national importance, petitioner well-positioned by experience and publication record, and waiver benefits U.S. healthcare interests.

An epidemiologist with advanced degree sought NIW for EB-2 classification. The decision found her proposed antimicrobial resistance research had substantial merit but lacked national importance and she lacked sufficient track record of impact to be well-positioned to advance it, failing the Dhanasar framework.

Ophthalmologic researcher seeking NIW for EB-2 classification claimed research on retinopathy of prematurity has substantial merit and national importance. AAO found first prong met but dismissed appeal because petitioner failed to demonstrate being well positioned to advance the proposed endeavor through citation frequency, field-wide impact, or community interest.

A public health researcher with focus on cancer drug safety sought NIW under EB-2. AAO found all three Dhanasar prongs met: proposed research on checkpoint inhibitor adverse effects has substantial merit and national importance; petitioner is well positioned based on past experience; waiver favors U.S. on balance. Appeal sustained.

A postdoctoral researcher in cardiovascular medicine sought NIW based on advanced degree eligibility. The AAO sustained the appeal, finding the proposed research into molecular treatments for heart disease and stroke has substantial merit and national importance, the petitioner is well positioned to advance it through demonstrated innovation and citations, and waiving the job offer requirement would benefit the United States.

A forensic DNA analyst sought NIW as EB-2 advanced degree professional, proposing to continue laboratory work analyzing DNA evidence. The AAO dismissed, finding substantial merit but lacking national importance since her laboratory work does not demonstrate impact beyond her employer or broader contributions to forensic science advancement.

A postdoctoral researcher sought an EB-2 national interest waiver for research on neuron cell biology and nanotechnology-based medical devices. The AAO found all three Dhanasar prongs satisfied: substantial merit and national importance, researcher well positioned to advance work, and balance favoring waiver. Appeal sustained.

Industrial hygiene researcher sought EB-2 national interest waiver. Met first prong: proposed occupational safety research has substantial merit and national importance. Failed second prong: insufficient evidence of record of success or field interest. Failed third prong: not shown contributions benefit nation more than available U.S. workers. Appeal dismissed.

Biostatistician petitioner sought NIW for EB-2 classification based on work on pediatric HIV clinical trials. AAO sustained appeal, finding all three Dhanasar prongs satisfied: proposed endeavor has substantial merit and national importance, petitioner well positioned to advance it, and national interest favors waiving job offer requirement.