Published AAO appeal decisions

Electrical power network communications engineer seeks national interest waiver for EB-2 classification to strengthen U.S. power grid. AAO found first prong met but dismissed appeal because petitioner lacked sufficient evidence of being well positioned to advance the proposed endeavor under second Dhanasar prong.

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.

Organic chemistry researcher sought national interest waiver for EB-2. AAO dismissed because although the proposed endeavor met the first prong for substantial merit and national importance, petitioner failed to establish being well positioned to advance it under the second prong.

A healthcare data analyst with Master of Public Health sought NIW for healthcare research focusing on chronic disease prevention. AAO found endeavor has substantial merit but denied waiver because petitioner failed to demonstrate being well positioned to advance research through funding, citations, or leadership role.

Physician researcher in cardiovascular medicine with advanced degree seeks EB-2 national interest waiver. AAO found proposed research has substantial merit and national importance but dismissed appeal because petitioner failed to establish being well positioned to advance the proposed research endeavor.

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.

An optical physics researcher with advanced degree sought national interest waiver for EB-2 classification to conduct semiconductor design and fabrication research. The AAO found the proposed endeavor had substantial merit and national importance but concluded the petitioner failed to demonstrate he was well positioned to advance it, lacking recent publications or demonstrated progress since 2011.

Mechanical engineering researcher with Ph.D. sought NIW for EB-2 advanced degree classification. AAO found his proposed nanoparticle research met the substantial merit and national importance prong but failed the second prong: insufficient evidence he was well positioned to advance the endeavor through funding history and citations.

A computer engineering researcher with a Ph.D. sought a national interest waiver under Dhanasar. The AAO found his proposed high-performance computing research had substantial merit and national importance but that he failed the second prong, having not demonstrated sufficient impact or interest among peers, and thus dismissed the appeal.

Mechanical engineering researcher with Ph.D. sought EB-2 national interest waiver for nanoparticle research. First prong met on research merit and national importance. AAO dismissed, finding petitioner failed second prong: insufficient evidence of independent funding acquisition, citation impact, or demonstrated leadership capacity relative to advisors and coauthors.

Aerospace engineering researcher with Ph.D. seeking national interest waiver. First Dhanasar prong met: proposed research has substantial merit and national importance. Appeal dismissed on second prong: insufficient evidence that beneficiary is well positioned to advance proposed research; publications and peer review activity do not constitute adequate record of success.

Energy policy researcher with advanced degree sought NIW for EB-2. AAO found proposed energy research had substantial merit and national importance but dismissed appeal, concluding petitioner failed to demonstrate being well positioned to advance the endeavor without sufficient evidence of means or track record.