Published AAO appeal decisions

A researcher in cancer therapeutics using biotechnology tools sought EB-2 national interest waiver. The AAO sustained the appeal, finding the proposed research demonstrated substantial merit and national importance, the petitioner was well positioned to advance it, and on balance waiving the job offer would benefit the United States.

Spanish language educator seeks national interest waiver for unspecified EB-2 employment-based classification. AAO held applicant failed to reliably identify and clearly demonstrate ability to advance proposed endeavor under Dhanasar second prong, so waiver denied.

Robotics and autonomous systems engineer with Ph.D. sought NIW for proposed autonomous robotics research. AAO held first prong met but dismissed appeal because petitioner is not well-positioned to advance endeavor; lacks specific employment offer and has not demonstrated concrete progress toward employment or research activities required to advance the work.

Marketing professional in financial services sought advanced degree and exceptional ability classifications with national interest waiver. AAO dismissed appeal because petitioner failed first Dhanasar prong: established substantial merit and was well positioned but did not demonstrate that providing marketing services to limited clients has national importance distinct from general importance of her occupation.

Cyber-physical systems consultant seeks EB-2 national interest waiver for neuroscience research collaboration applying information technology to monitor consciousness restoration. AAO held petitioner failed second prong; lacked evidence of significant role in funded research, primary grant contacts, or demonstrated record of success advancing proposed medical device endeavor.

An artificial intelligence researcher with a master's degree seeks NIW for research on machine learning techniques for privacy and autonomous model updating. Claimed all three Dhanasar prongs. AAO sustained appeal, finding the proposed research has substantial merit and national importance, petitioner is well-positioned through publications and patents, and waiving job offer would benefit U.S. technological advancement.

Accountant with advanced degree sought NIW to own and operate accounting firm. AAO affirmed Director's finding that the proposed endeavor lacks national importance, as projected hiring and local community impact do not reach the level contemplated by Dhanasar. Appeal dismissed.

Communications specialist with advanced degree sought EB-2 national interest waiver. AAO dismissed because petitioner failed to establish national importance of proposed sustainability communications endeavor; industry importance does not substitute for specific endeavor impact.

Researcher and music instructor seeks NIW for EB-2 classification for research documenting Assyrian cultural heritage and music. Petitioner demonstrated all three Dhanasar prongs: proposed research has national importance, petitioner uniquely qualified with rare language expertise and academic distinction, and waiver benefits U.S. by preserving underrepresented cultural scholarship.

Construction manager holding advanced degree sought EB-2 with NIW to own construction company. AAO dismissed because proposed endeavor lacks national importance: business plan shows only four hires and limited regional scope, insufficient to demonstrate substantial positive economic effects or mitigation of housing shortage at national level.

Bioengineering technology researcher seeking NIW for EB-2. AAO agreed endeavor has national importance but held she is not well-positioned to advance it because her research lacks substantial citations, field impact, and evidence of obtaining funding, failing the second Dhanasar prong.

Marketing manager sought EB-2 with national interest waiver. AAO reversed director's prong-one finding and dismissed, holding endeavor lacked national importance and petitioner not well-positioned. Tourism marketing business lacked evidence of significant U.S. economic impact or field-wide advancement.

A logistics entrepreneur with an advanced degree sought an EB-2 national interest waiver to manage a cargo transportation company. The AAO dismissed the appeal because the company lacks national importance and the applicant's educational background was not material to cargo transportation management.

A psychologist sought NIW claiming industry importance and economic welfare impact. AAO held the petitioner failed first prong by conflating field importance with specific endeavor importance, and failed second prong because record did not demonstrate how petitioner was positioned to advance the proposed endeavor.

Sound engineering technician seeks national interest waiver for music studio business in Georgia. AAO held the proposed endeavor lacks national importance and the applicant is not well positioned to advance it, both required by Dhanasar framework, so waiver denied.

Software developer self-petitioner sought NIW for startup company. AAO found proposed endeavor lacked specific national importance beyond job creation statistics and company impact was not demonstrated. Petitioner's technical expertise insufficient to show capability running business venture without entrepreneurial track record.

Researcher, teacher, and policy adviser sought EB-2 advanced degree classification and NIW. AAO reversed director on national importance prong but affirmed denial on second prong: published research does not prove petitioner well positioned to advance the specific proposed endeavor without additional evidence of progress or success.

Engineer and technologist sought NIW for EB-2 to research UAV aerodynamics for civilian applications. AAO dismissed; while endeavor has national importance, petitioner failed second prong: advanced degrees and engineer-in-training status insufficient without demonstrated success, progress, or relevant published research.

Epidemiologist with doctoral degree in biomedicine sought NIW for research on infectious disease control. AAO found the proposed endeavor has substantial merit and national importance, petitioner is well-positioned to advance it through expertise and publication record, and waiving the job offer requirement would benefit the United States. Appeal sustained.

Self-petitioner in business management seeks national interest waiver for virtual startup incubator serving vulnerable entrepreneurs. AAO affirmed denial: proposed endeavor lacks national importance; petitioner not well positioned given company nonexistence at filing and absence of investor or customer interest.

Researcher in waste conversion for energy storage seeking NIW under EB-2. Claimed eligibility under Dhanasar. AAO dismissed appeal, finding petitioner not well positioned to advance proposed endeavor due to lack of business plan, documented progress, or evidence of customer or investor support.

International trade consultant without job offer seeks NIW. AAO held proposed endeavor lacked national importance; assisting with local construction permits does not demonstrate broader impact. Petitioner failed to clarify specific proposed work or how experience applies in United States, failing prongs one and two of Dhanasar.

Vascular researcher with Ph.D. in medical cell biology seeking EB-2 NIW. Proposed advancing critical bioinformatics and biomechanical research. AAO sustained, finding all three Dhanasar prongs met: endeavor has national importance, petitioner well positioned to advance it, and waiver would benefit US.

Entrepreneur seeking to provide financial services to institutions applied for EB-2 with national interest waiver. AAO found the proposed endeavor lacked national importance and petitioner was not well-positioned to advance it. Appeal dismissed.

An accountant with advanced degree sought NIW for self-employment in accounting services. The AAO dismissed the appeal, finding the proposed endeavor lacked sufficient specificity and national importance, and the petitioner was not well positioned to advance it with only vague plans and no documented progress.