Published AAO appeal decisions

Physician and neonatal researcher sought NIW for research on premature infant conditions. AAO found research met national importance prong but petitioner failed second prong: no demonstrated record of success or field impact through citations or clinical practice changes. Appeal dismissed.

CEO and founder of consumer electronics company sought NIW under Dhanasar framework. AAO found his entrepreneurial endeavor had substantial merit and he was well positioned to advance it, but insufficient evidence demonstrated national importance. Appeal dismissed because first prong unmet.

Aerospace engineer with advanced degrees in mathematics and engineering sought NIW. AAO found both proposed engineering and STEM teaching endeavors lacked national importance and he lacked sufficient record demonstrating he was well positioned to advance them. Appeal dismissed.

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.

Computational mathematics researcher petitioner sought NIW for EB-2 based on infrastructure and transportation research. AAO dismissed appeal because although proposed work met first Dhanasar prong, petitioner failed to demonstrate sufficient record of success or unique contributions to satisfy well-positioned and balancing prongs.

A cardiologist and researcher with advanced degree sought national interest waiver of job offer requirement under Dhanasar framework. The AAO found the proposed research had substantial merit and national importance, but the petitioner was not well positioned to advance it and waiver was not in balance beneficial to the U.S. Appeal dismissed.

Research and development engineer sought EB-2 national interest waiver. Petitioner established advanced degree and was well positioned to advance proposed engineering and software work. However, failed to demonstrate prospective impact beyond company clients sufficient for national importance. Appeal dismissed.

Plastic surgeon appealed EB-2 national interest waiver denial under Dhanasar framework. Met first prong (substantial merit and national importance of proposed research). Failed second prong: insufficient evidence he was well-positioned to advance endeavor; lacks documentation of impact or reputation in field.

A supply chain analyst with advanced degrees sought EB-2 national interest waiver for statistical analysis and traffic route optimization work. AAO held the proposed endeavor lacked sufficient national importance as impact was limited to the petitioner's company, not the field broadly, failing the first Dhanasar prong.

Minister in community development sought EB-2 exceptional ability classification with national interest waiver. AAO dismissed appeal as abandoned for failure to respond to RFE. Alternatively, held petitioner failed to establish exceptional ability and did not meet any prong of the Dhanasar national interest waiver framework.

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.

A medical researcher and psychiatrist sought EB-2 classification with a national interest waiver of the job offer requirement. The petitioner did not respond to an AAO request for evidence on the Dhanasar framework. Alternatively, the AAO found the proposed endeavor lacked substantial national importance details and the petitioner was not well positioned to advance it. Appeal dismissed.