Published AAO appeal decisions

Microbiologist self-petitioner sought NIW under EB-2. AAO found first prong met and withdrew SCOPS adverse finding, but dismissed on second prong, holding PhD and citation numbers alone insufficient to show she is well-positioned to advance the proposed microbiological research endeavor.

Physician researcher sought EB-2 national interest waiver for endeavor in medical research. AAO found proposed endeavor had substantial merit and national importance but petitioner not well-positioned to advance it. Record showed primarily literature review work without demonstrated original primary research or significant field influence. Appeal dismissed.

A postdoctoral researcher in stress biology sought EB-2 with national interest waiver for neutrophil-targeted therapy research. The AAO found the endeavor has substantial merit and national importance, but the petitioner did not demonstrate he is well-positioned to advance it, failing the second Dhanasar prong.

A scientist seeks EB-2 classification with national interest waiver to conduct immunology research targeting autoimmune diseases and cancer. Service center denied the waiver based on inadequate national importance. AAO remanded because service center failed to properly analyze the proposed endeavor's specifics, the petitioner's qualifications, and factors favoring waiver.

A postdoctoral neuroscience researcher seeking national interest waiver for EB-2 advanced degree petition demonstrated the first Dhanasar prong: substantial merit and national importance of her proposed research. However, she failed the second prong because her academic accomplishments, citations, and letters of support were insufficient to show she is well positioned to advance the endeavor. Appeal dismissed.

Ph.D. student in molecular biology proposes cancer research on environmental, molecular, and genetic disease mechanisms. AAO found proposed endeavor has substantial merit and national importance but dismissed appeal because petitioner insufficient evidence of prior success or progress to show capacity to advance the proposed research.

A machine learning scientist with a U.S. PhD in computational biosciences sought EB-2 NIW classification for developing bioinformatics algorithms and predictive models for disease detection and precision medicine. The AAO affirmed denial, finding the endeavor had substantial merit but lacked national importance and the petitioner was not well positioned to advance it without demonstrating broader impact or employer approval for external research dissemination.

A neuroscience researcher with a Ph.D. in neurobiology and six years of postdoctoral experience sought an EB-2 national interest waiver for research on neuropathic pain. The AAO reversed the service center's denial, finding the proposed endeavor had substantial merit and national importance, the petitioner was well positioned to advance it, and a waiver would benefit the United States.

Graduate student in epidemiology sought EB-2 with national interest waiver for research on cancer and aging-related diseases. AAO found the proposed research endeavor had national importance but dismissed the appeal because the petitioner, as a student without principal investigator experience or concrete evidence of pursuing postdoctoral employment, was not well-positioned to advance it.

Physician-researcher proposing cancer research claims national interest waiver. AAO found first prong met: research has national importance. However, second prong failed: evidence from references lacked specific examples of research impact or progress, and citation metrics did not adequately demonstrate exceptional success.

Physical therapy researcher with advanced degree seeking NIW. Claimed citation prominence and research impact demonstrated well-positioning. AAO held second prong failed because no institutional commitment evidenced, citation records alone insufficient, and no demonstrated employer or stakeholder interest despite stated intentions.

A postdoctoral researcher in public health sought NIW for work on drug-resistant diseases. The AAO found the endeavor nationally important but dismissed the appeal because the petitioner lacked a doctoral degree and had not demonstrated concrete plans, progress, or relevant funding to advance the work.

Computer science graduate proposes research on neuroinformatics, obesity, and Alzheimer's disease with healthcare applications. AAO dismissed appeal finding proposed endeavor lacks sufficient evidence of broader field impact for national importance and petitioner insufficient prior success demonstrating ability to advance the research.

A psychology professor with Ph.D. sought EB-2 national interest waiver for research on data science and ecological threats. AAO found proposed research has substantial merit and national importance but determined petitioner lacks evidence of being well-positioned to advance endeavor; appeal dismissed.

Senior scientist in translational medicine with advanced degree sought EB-2 with national interest waiver for research on novel therapies and diagnostics. AAO reversed denial on first prong but dismissed appeal because petitioner failed to establish being well-positioned to advance the endeavor.

A medical science liaison proposing a new medical consulting and training business sought a national interest waiver. The AAO dismissed the appeal, finding the proposed endeavor lacks national importance due to insufficient documentation of prospective impact and benefits limited to the business and clients rather than broader healthcare industry.

A postdoctoral researcher in metabolic diseases sought an EB-2 national interest waiver. She satisfied the first prong (substantial merit and national importance) but failed the second: she lacked a clear plan, institutional commitment, or funding evidence to demonstrate she was well-positioned to advance her work, so the appeal was dismissed.

A biochemist with a Ph.D. in Korean integrative medicine seeks EB-2 national interest waiver. The AAO agreed the proposed endeavor met the first Dhanasar prong but remanded because SCOPS inadequately analyzed the petitioner's h-index, citations, publications, and recommendations for the second prong.

A postdoctoral medical researcher with Ph.D. sought EB-2 national interest waiver for machine learning research on disease diagnosis and treatment. The AAO dismissed, holding that despite meeting the first prong, she failed the second prong: no secured funding, primarily collaborative research background, and insufficient evidence of independent success or detailed plan for future activities.

Doctoral researcher in microbiology and bioinformatics sought NIW for EB-2 classification. AAO found proposed research endeavor had substantial merit and national importance, and petitioner was well-positioned to advance it, but dismissed motion to reconsider because petitioner failed to demonstrate expertise significantly above ordinarily encountered in field.

A postdoctoral medical researcher seeks NIW for EB-2 to continue postdoctoral research. AAO found the endeavor has substantial merit and national importance but the petitioner is not well-positioned to advance it; she plays a support role, lacks demonstrated funding, and has limited research impact.

A medical researcher with advanced degrees in pulmonary medicine sought NIW classification to continue research on idiopathic pulmonary fibrosis and asthma therapeutics. The AAO reversed the service center's denial, finding the proposed research has substantial merit and national importance, the petitioner is well positioned to advance it, and waiving the job offer would benefit the United States.

Medical researcher with advanced degree sought national interest waiver for EB-2. AAO held proposed research has substantial merit and national importance but petitioner not well positioned to advance it, lacking documented plan, prior success in similar efforts, or evidence of led funded research projects.

A researcher with a doctoral degree sought a national interest waiver for an EB-2 petition proposing work on substance use disorder treatment. The AAO affirmed dismissal because the petitioner failed to demonstrate national importance of her proposed endeavor despite working in an important field, lacking specific independent evidence comparable to expert letters required.

A postdoctoral researcher in plant genetics sought EB-2 NIW classification through self-petition. The applicant demonstrated all three Dhanasar prongs: the research on plant resistance has national importance, the researcher has proven expertise and track record, and the U.S. benefits from the advanced STEM work. The appeal was sustained.