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.

Musician and music teacher seeks NIW for EB-2 to establish national network of rhythm therapy centers. USCIS found substantial merit but AAO affirmed no national importance shown; petitioner not well-positioned to advance without evidence of scalable model implementation.

Public health researcher with DrPH degree sought NIW for developing AI agent-based model for hospital emergency department operations. AAO found proposed endeavor met first prong with national importance, but petitioner failed second prong: insufficient evidence of positioning to advance through progress, expertise demonstration, or stakeholder interest.

A data analyst and signal processing engineer with a master's degree sought an EB-2 NIW based on work with digital systems. The AAO dismissed because the petitioner failed to demonstrate the national importance of his specific endeavor and that he was well-positioned to advance it, lacking sufficient employer and objective source documentation.

Bioengineer in precision medicine and drug discovery met first Dhanasar prong with substantial merit and national importance. However, lacked PhD and did not demonstrate sufficient progress, plan, or stakeholder interest required for second prong. Appeal dismissed.

A senior manager of pavements with advanced degree sought national interest waiver for sustainable pavement engineering research. The AAO found the proposed endeavor had substantial merit and national importance but dismissed the appeal because the petitioner failed to demonstrate being well positioned to advance the research through education, skills, and record of success.

A mechanical engineer and project manager with an advanced degree proposed continuing infrastructure work in energy and oil-gas sectors. The AAO found substantial merit but rejected national importance because his work would not extend beyond clients with broader implications, and he made impermissible material changes to his endeavor.

Senior sourcing specialist sought national interest waiver as EB-2 advancing supply chain resilience and national security. Petitioner relied on field importance and federal priorities alignment. AAO dismissed appeal, finding proposed endeavor lacked demonstrated national importance and insufficient evidence of well-positioning to advance it.

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 controls engineer sought NIW for EB-2 under Dhanasar to advance Industry 4.0 manufacturing modernization. The AAO found him not well-positioned to advance the endeavor, lacking Ph.D. credentials, demonstrated influence in the field, and evidence of interest from relevant parties beyond his employer.

Chemical and biomedical engineer with Ph.D. sought EB-2 classification and NIW. Petitioner established first prong of substantial merit and national importance of proposed research endeavor. AAO agreed but found petitioner did not sufficiently demonstrate record of success in related efforts, citations impact, or viable plan with documentary support for claimed employment.

High school mathematics teacher with fifteen years experience seeks NIW for EB-2 to develop hybrid and distance learning instructional framework. AAO dismissed appeal because petitioner failed to address USCIS findings on the third Dhanasar prong and waived the issue by failing to contest specific conclusions about impracticality of labor certification and national benefit.

Chemical engineer with five years pharmaceutical and biotechnology experience sought EB-2 with national interest waiver. Proposed developing analytical methods and processes for vaccine and therapeutic manufacturing. AAO dismissed because petitioner failed to demonstrate proposed work has national importance; work appeared routine to employer without broader industry impact.

Training and development specialist sought NIW for STEM education framework under Dhanasar. Advanced degree established. First prong failed: while endeavor had substantial merit, record lacked evidence of national importance and broad prospective impact. Framework described as scalable and replicable without detail or demonstrated innovation. Second and third prongs not reached.

Founder and president of automotive parts wholesaler sought EB-2 exceptional ability classification and NIW. Petitioner claimed academic record, ten years experience, license, and membership criteria. AAO found beneficiary met only one criterion, not the required three, so does not qualify for exceptional ability and NIW analysis not reached.

Supply chain manager with advanced degree sought NIW. AAO affirmed dismissal because endeavor has substantial merit but lacks national importance; impact limited to employing company and clients, without demonstrated broader industry or field implications.

A data scientist sought EB-2 national interest waiver for a public policy perception analysis endeavor using data-driven technologies. Although the specific endeavor had substantial merit, AAO agreed with USCIS that the petitioner failed to establish national importance. Proposed work would operate within single employer without broader field implications or substantial economic effects. Appeal dismissed.

A chief engineer in sustainable building filed a national interest waiver petition but submitted falsified reference letters. AAO found the petitioner willfully misrepresented material facts by knowingly submitting false documents, rendering him inadmissible. Appeal dismissed due to fraud and failure to meet all three Dhanasar prongs.

Construction engineer and sustainability specialist with 22 years experience sought EB-2 NIW. Service center approved advanced degree qualification but denied NIW. AAO dismissed because proposed endeavor lacks national importance despite substantial merit; petitioner did not show prospective national impact beyond local scope or sufficient economic benefit commensurate with national importance.

A Brazilian healthcare specialist with advanced degree seeks NIW for EB-2, proposing to develop audit systems and management frameworks. The AAO dismissed because petitioner failed to establish the underlying EB-2 classification and did not demonstrate national importance of the specific proposed endeavor.

Educational technology researcher claimed NIW for health literacy research advancing competency-based learning. AAO held proposed endeavor lacks demonstrated national importance despite university adoption at one institution, and applicant failed to show recent productivity or sustained research continuation warranting waiver.

Mechanical engineer employed in advanced driver assistance systems sought national interest waiver. AAO held proposed endeavor lacked sufficient concrete examples of broad impact and petitioner did not establish ownership of intellectual property or impact beyond specific employer, failing the substantial merit and national importance prong.

A materials engineering researcher proposed computational modeling research to improve additive manufacturing processes and sought a national interest waiver. The AAO agreed the endeavor has substantial merit but held national importance was not shown, since the evidence did not demonstrate prospective impact. It dismissed the appeal and reserved the remaining prongs.

Industrial machinery mechanic sought EB-2 exceptional ability classification with national interest waiver. AAO found petitioner met only two of six criteria and lacked exceptional ability: professional identity card did not constitute recognized profession license; salary evidence insufficient; professional association membership unsubstantiated; achievement recognition undemonstrated. Appeal dismissed.