Published AAO appeal decisions

Bank manager seeking national interest waiver. Director found substantial merit but denied on national importance grounds. AAO affirmed and additionally withdrew director's second-prong finding due to petitioner's inconsistent evidence about the proposed endeavor.

A medical scientist in dentistry sought EB-2 advanced degree classification with a national interest waiver for proposed oral health research. The AAO found the research had substantial merit and national importance but the petitioner was not well positioned to advance it, as education alone was insufficient and she lacked a documented record of research success or implementation.

Geology researcher sought national interest waiver as member of professions with advanced degree. AAO found proposed research on microfossils and environmental assessments had substantial merit and national importance, but dismissed appeal because petitioner failed to demonstrate she was well positioned to advance the research independently without primary investigator responsibility.

Nutritionist seeking NIW with advanced degree. Petitioner materially changed proposed endeavor between filing and RFE response, shifting focus and field; inconsistent information prevented conclusion that she meets first or second Dhanasar prong.

Research associate in electrical and computer engineering conducting NSF-funded research on miniaturized robots for cardiovascular treatment and underwater systems. AAO sustained appeal, finding he satisfied all three Dhanasar prongs: national importance established, well positioned via publications and grants, and contributions sufficiently valuable to benefit the United States.

An industrial designer specializing in exhibition booth design sought NIW classification for a proposed public market revitalization endeavor. The AAO dismissed the appeal, finding the endeavor lacked sufficient specificity and national importance, and the petitioner lacked a record of success in this new area despite design expertise.

Assistant professor of international studies sought EB-2 with national interest waiver. Director approved first prong but denied second prong. AAO reversed, withdrawing national importance finding due to vague endeavor description and unclear future employment, and affirmed failure on second prong regarding positioning.

Finance executive in oil and gas industry seeking NIW under EB-2. Petitioner qualified for underlying EB-2 classification. AAO agreed her proposed work has substantial merit and she is well positioned to advance it, but found the endeavor lacks national importance: her financial management work would benefit only her employer, not the broader industry. Appeal dismissed.

Project execution supervisor sought national interest waiver for EB-2 advanced degree. AAO dismissed appeal, finding proposed work lacks national importance despite meeting prong two; improvements limited to employer's projects without broader industry impact or demonstrated U.S. economic effects.

A systems engineer sought EB-2 national interest waiver for advanced degree. The AAO dismissed the appeal, finding the petitioner satisfied the first Dhanasar prong regarding substantial merit and national importance but failed the second prong: insufficient evidence he is well positioned to advance the proposed endeavor.

A mechanical and aerospace engineer with Ph.D. sought national interest waiver for EB-2. The AAO found his proposed research had substantial merit and national importance. However, he failed to demonstrate he was well positioned to advance the research because his education alone was insufficient and citation statistics and letters did not show personal research impact on the field.

A post-doctoral research associate in entomology sought NIW for EB-2 classification. The AAO held the proposed endeavor lacks sufficient specificity and documented broader impact; prior publication citations and speaking engagements do not establish that future teaching, mentoring, and research would impact the field nationally rather than only serve local students and institutions.

Acupotomy researcher and clinician seeking NIW under EB-2 for proposed clinical work. Qualifies as individual of exceptional ability. AAO held endeavor has substantial merit but lacks national importance because impact is limited to specific patients and locations without demonstrated broader implications for healthcare field or quality of life broadly.

Structural engineer seeking NIW as assistant professor and researcher. Proposed endeavor materially changed after filing from researcher role to professor-researcher hybrid; national importance not established; petitioner failed to address director's conclusions on appeal.

Project engineer sought NIW for EB-2. Service Center approved advanced degree but denied NIW. AAO dismissed because proposed roadway safety endeavor lacked sufficient detail and national importance; no direct connection established between specific endeavor and broader implications.

Bioethicist with Ph.D. seeking NIW for university faculty and ethics consultation role. First prong met but second and third prongs failed because training was incomplete at filing, petitioner was not yet independent researcher, and lacked sufficient track record of successful research.

A software engineer sought EB-2 NIW for Internet of Things research. The AAO found the proposed endeavor met Dhanasar's first prong with national importance. However, the petitioner failed the second prong: academic credentials and published research were insufficient to demonstrate he was well positioned to advance the endeavor.

Urban planning researcher with PhD sought NIW for research in sustainable urban planning and environmental justice. AAO affirmed Director's denial: first prong met but second prong failed because petitioner lacked evidence of success, implementation, or influence in the field despite research experience and publications.

A postdoctoral fellow in chemical engineering sought EB-2 NIW based on proposed fuel research. The AAO found the endeavor had merit and national importance but dismissed because the petitioner lacked sufficient evidence of being well positioned to advance it, particularly given limited citation impact and no demonstrated primary funding responsibility.

An aerospace engineer sought national interest waiver. AAO found the proposed endeavor had substantial merit and national importance, but the petitioner failed the second prong because his research lacked demonstrated field impact, his role in funding was unclear, and his work showed no record of progress in advancing space research.

A petroleum engineer seeking NIW claimed ability to advance research on artificial lift technology. The AAO found the proposed endeavor met the first Dhanasar prong but dismissed the appeal because the engineer's publications, citations, education, and journal service did not demonstrate he was well positioned to advance the specific research.

Software developer with ten years experience seeks NIW for independent software development and possible game company. AAO dismissed appeal, finding proposed work lacks national importance beyond prospective employers and clients, and applicant lacks demonstrated success or concrete plan to advance the endeavor.

Gastroenterologist sought national interest waiver for EB-2 classification. Petitioner established substantial merit and national importance of proposed research endeavor but failed to demonstrate he was well positioned to advance it through sufficient record of success, impact, or progress. Appeal dismissed.

Industrial chemist seeking NIW for research on chemical applications. First prong met but second prong failed because patent and publications, though recognized, did not demonstrate sufficient industry impact or record of success needed to show petitioner well positioned to advance research endeavor.

Biochemistry researcher sought NIW for EB-2 classification for brain tumor research. Petitioner demonstrated substantial merit and national importance of proposed research, strong qualifications to advance it, and past successful contributions. AAO held all three Dhanasar prongs met and waiver merited.