Published AAO appeal decisions

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 researcher in sustainable building and construction proposes to advance climate-resilient environmental research through peer publication and conferences. AAO held the proposed endeavor lacks national importance under Dhanasar's first prong because the record shows only ordinary research activities similar to all other researchers, without evidence of broader field impact or adoption by decision-makers.

Ph.D. student in computer science with research focus on human-machine interfaces and AI sought EB-2 with NIW. AAO reversed service center on prong one, finding national importance established, but affirmed dismissal after finding petitioner not well positioned to advance endeavor.

Entrepreneur developing smart parking facilities sought EB-2 NIW for U.S. business. AAO held the venture has substantial merit and petitioner is well-positioned to advance it, but the specific proposed endeavor lacks national importance; benefits limited to local economic activity and HUB Zone designation does not equate to economically depressed area.

Researcher in cybersecurity sought NIW under EB-2. AAO found his proposed AI-based research had national importance but dismissed because he lacked sufficient record of success and feasible plan demonstrating he could advance it as described in academic or industrial environment.

Adaptive sports therapy specialist seeking NIW for EB-2 as advanced degree professional. AAO found endeavor lacks national importance despite substantial merit; local center lacks broader field implications. Petitioner not adequately positioned to advance endeavor. Appeal dismissed.

A security consultant sought EB-2 national interest waiver to establish a security services business. The AAO affirmed denial, finding the proposed business lacked national importance despite the field's merit, as its impact would not extend beyond specific clients to affect the security sector broadly.

Computer science researcher seeking EB-2 with national interest waiver claimed substantial merit, national importance, and ability to advance research independently. AAO found the first prong met but dismissed the appeal because the petitioner failed to demonstrate he was well-positioned to advance the proposed endeavor.

Education and public safety specialist seeks EB-2 NIW for proposed security services business and training company. Petitioner qualifies as advanced degree professional but failed to establish national importance of endeavor or evidence of success positioning her to advance it, thus ineligible for waiver.

Chemist seeking EB-2 with national interest waiver for research on biochemical processes for medical and energy applications. AAO found endeavor has substantial merit but lacks established national importance due to vague, inconsistent, and expansive claims. Appeal dismissed.

A business continuity planner seeks EB-2 NIW based on exceptional ability and national interest. The AAO found the endeavor has substantial merit but lacks demonstrated national importance because support for Latino small businesses lacks sufficient prospective economic impact or field-wide implications, and the petitioner failed the first Dhanasar prong.

A telecommunications researcher with doctorate proposed advancing machine learning and deep learning research under EB-2 national interest waiver. AAO found her endeavor met national importance but dismissed appeal because publications, nominal peer reliance, and limited demonstrated funding responsibility failed to show she was well positioned to advance it.

Advanced degree professional sought NIW for EB-2 as commercial pilot, flight instructor, and consultant. AAO found substantial merit but rejected national importance prong, concluding proposed endeavor lacks sufficient breadth or impact to benefit national economy as required by Dhanasar framework. Appeal dismissed.

A research scientist with a PhD in computer science sought EB-2 NIW for AI research in multimodal machine learning. SCOPS denied NIW but approved advanced degree qualification. The AAO reversed, finding all three Dhanasar prongs met: substantial merit and national importance in AI, petitioner well-positioned, and waiver balances beneficially for the United States.

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.

An advanced degree professional in a STEM field proposes an endeavor with substantial merit and national importance. The AAO remanded because the service center improperly analyzed whether the petitioner is well-positioned to advance the endeavor and failed to adequately explain the balance-of-benefits analysis under Dhanasar.

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.

Lawyer seeking EB-2 advanced degree classification and national interest waiver to establish legal consultancy for sustainable energy. Claimed substantial merit and national importance for Center for Legal Innovation in Sustainable Energy but failed to demonstrate national importance or specific improvements over existing initiatives. AAO dismissed appeal; first and third prongs not established.

Mechanical engineer researcher self-petitioner sought NIW under EB-2 for thermal battery development research. AAO affirmed first prong met but reversed on second prong, finding PhD degree and citations insufficient to demonstrate she is well-positioned to advance the proposed endeavor.

Software developer sought NIW with advanced degree. Proposed autonomous vehicle safety research. AAO found petitioner not well positioned to advance proposed endeavor under Dhanasar second prong: master's degree and citations insufficient without prior funding, government interest, or validated model comparable to Dhanasar precedent. First and third prongs reserved.

Postdoctoral fellow in biomedical research sought EB-2 NIW with advanced degree. Proposed cancer research endeavor met substantial merit and national importance, but AAO found petitioner not well positioned to advance it: lacking significant funded grant record, evidence of work adoption by others, or comprehensive future plan despite strong academic credentials.

Research scientist sought EB-2 with national interest waiver for developing artificial intelligence technologies. Decision found proposed endeavor lacks sufficient detail and evidence to establish prospective national importance. Appeal dismissed on first prong failure.

AI researcher sought EB-2 classification with national interest waiver for research on information retrieval and natural language processing. SCOPS initially approved then revoked. AAO sustained appeal, finding petitioner established national importance of endeavor, demonstrated requisite expertise, and proved waiver would benefit the United States.