Published AAO appeal decisions

Neuroscience researcher with Ph.D. seeks EB-2 self-petition with NIW for research on Alzheimer's and ataxia mechanisms using stem cells. AAO found all three Dhanasar prongs met: research has national importance with broader implications, petitioner well-positioned with advanced degree and track record, and waiver benefits U.S. given urgent medical need.

A microbiologist with advanced degree sought EB-2 national interest waiver for genetic research on foodborne pathogens and antimicrobial resistance. The AAO affirmed he met the first two Dhanasar prongs but dismissed because he failed to establish the national interest in his contributions was urgent enough to justify waiving labor certification requirements.

Research professor proposed STEM research endeavor and sought national interest waiver as self-petitioner. AAO found endeavor has national importance and beneficiary well positioned, but dismissed appeal because urgency of national interest insufficient to justify waiving labor certification requirement.

IT professional with advanced degree sought NIW under EB-2 for STEM research. AAO found first two Dhanasar prongs met but dismissed because petitioner demonstrated ability to secure employment and failed to establish that national interest was urgent enough to waive labor certification requirement.

Computer science researcher sought EB-2 NIW. Petitioner qualified as advanced degree professional and proposed AI and mental health research. AAO dismissed, finding petitioner not well-positioned under Dhanasar prong two; publication and citation rates unexceptional relative to field, and insufficient evidence of progress or sustained interest in proposed endeavor.

A computer vision engineer with Master's in electrical and computer engineering sought national interest waiver for EB-2 classification. AAO found proposed AI research had substantial merit and national importance but concluded petitioner lacked sufficient record of success, detailed plan, or financial means to advance the endeavor.

Toxicologist sponsored by employer for research in health and safety risk assessment sought national interest waiver. AAO found endeavor had merit and beneficiary well positioned, but waiver not warranted because labor certification was not shown impractical and no urgent national interest was demonstrated.

A researcher with published work seeks EB-2 with national interest waiver to pursue computer science research and lecturer position applying computer science to business processes. She failed to demonstrate her research has national importance or broader field impact and did not establish she is well-positioned to advance the endeavor. The AAO dismissed the appeal.

Climate economics researcher proposed research on carbon cap-and-trade and green jobs. AAO held the proposed endeavor lacks national importance because petitioner failed to show how specific research would impact U.S. policy or economy; relying on field importance and past accomplishments insufficient.

ENT physician with advanced degree seeking NIW for EB-2. AAO found first two Dhanasar prongs met: proposed medical endeavor has national importance and petitioner well-positioned. Failed third prong: insufficient urgency to waive labor certification requirement.

Physician-scientist specializing in epidemiology sought EB-2 exceptional ability and NIW. Service Center found first Dhanasar prong met; AAO reversed: petitioner's vague research plan lacks specific national importance. Second prong also fails: foreign medical degree does not satisfy U.S. physician licensure; petitioner not well-positioned to advance proposed endeavor.

Computer vision and AI researcher sought EB-2 national interest waiver. AAO found proposed endeavor had substantial merit and national importance, and applicant well positioned to advance it via advanced degree and publication record. However, waiver not warranted: while work involves critical emerging technology, evidence did not show national interest sufficiently urgent to justify forgoing labor certification process.

Biomedical engineer with advanced degree seeks EB-2 with national interest waiver to research neurodegenerative diseases. AAO sustained appeal, finding all three Dhanasar prongs met: research has substantial merit and national importance, petitioner well-positioned to advance it, and waiver would benefit United States.

Software engineer with Ph.D. in electrical and computer engineering sought EB-2 national interest waiver. Director found first prong met but third prong failed. AAO affirmed first prong for research only but withdrew finding on second prong. Petitioner failed third prong: work primarily benefits employer, no evidence labor certification inappropriate, insufficient urgency. Dismissed.

A geomatics engineering researcher with a doctorate seeks NIW as EB-2 advanced degree professional. The AAO affirmed denial because the petitioner failed to show he is well positioned to advance his proposed tenure-track research endeavor, lacking evidence of grant funding, research significance, or broader field impact necessary under Dhanasar prong two.

Plant sciences researcher with Master's degree sought EB-2 with NIW. AAO sustained appeal, finding all three Dhanasar prongs met: research on crop resilience has national importance, applicant's credentials and record position him to advance the work, and national interest in critical biotechnology justifies waiving labor certification.

Materials engineer proposed developing steel production technologies. Claimed substantial merit and national importance were established. AAO found he lacked record of success in related efforts, demonstrated no progress toward the goal, and showed no customer or investor interest, thus failing the well-positioned prong and requiring dismissal.

Semiconductor company petitioning for beneficiary as EB-2 professional with advanced degree for graphics and compute product optimization research. Director found endeavor of substantial merit and national importance but beneficiary lacks advanced degree (Ph.D.) and demonstrated track record of success in proposed research area, failing second prong.

A graduate research assistant in civil engineering with a Master's degree seeks EB-2 with national interest waiver for research in construction safety, AI integration, and workspace planning. The AAO found the endeavor had substantial merit and national importance but determined the petitioner lacked sufficient demonstrated success and progress to be well positioned to advance it, denying the waiver.

Language testing researcher and machine learning engineer sought EB-2 with national interest waiver. AAO affirmed advanced degree eligibility but dismissed appeal, finding proposed endeavor lacked demonstrated national importance and petitioner not well-positioned to advance it under Dhanasar framework.

Laboratory supervisor sought EB-2 with national interest waiver to conduct immunological research for drug development. AAO held petitioner not well-positioned to advance proposed endeavor; research publications and praise insufficient without concrete evidence of past success or funded future projects.

A molecular scientist seeks an EB-2 NIW to continue research on protein interactions for neurodegenerative disease therapies. The AAO dismissed, finding the endeavor meritorious but the applicant not well-positioned to advance it independently without demonstrated funding responsibility or sustained stakeholder interest.

Electrical engineer claiming EB-2 with national interest waiver. AAO agreed first prong met but found petitioner failed to demonstrate she was well positioned to advance proposed research endeavor, lacking evidence of grant funding, significant research impact, or specific future plan. Appeal dismissed.

Airline petitions for assistant director of operations and pilot as EB-2 exceptional ability with national interest waiver. AAO reversed service center's approval, finding beneficiary failed three of six evidentiary criteria, lacking relevant academic credentials, sufficient employment verification, and professional association membership.

A mechanical engineering doctoral student sought an EB-2 national interest waiver to develop computational models and digital twins for personalized medicine. The AAO found the endeavor met the first prong but dismissed because the petitioner lacked sufficient evidence of research success, clinical impact, or interest from relevant parties to show she was well positioned to advance it.