Published AAO appeal decisions

Nondestructive testing and chemical engineer with 25 years experience sought NIW for proposed NDT consulting endeavor. AAO found substantial merit but rejected national importance prong, concluding the individual company's services lacked broader implications for the field, region, or nation. Appeal dismissed.

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 software engineer and researcher sought an EB-2 national interest waiver to continue research on molecular materials for water treatment and clean energy storage. The AAO accepted the endeavor's merit and national importance but dismissed the appeal, finding he was not well positioned to advance it despite his doctorate and publications.

Chemical technician with non-toxic epoxy product experience sought EB-2 exceptional ability and NIW. AAO found petitioner met only two of six required criteria: degree and experience letter failed statutory requirements. Appeal dismissed because petitioner lacks underlying EB-2 eligibility.

A textile researcher with an advanced degree sought an EB-2 national interest waiver to develop sustainable personal protective textiles using piezoelectric materials. The AAO dismissed because the petitioner failed to establish that the specific proposed endeavor, beyond general field importance, possessed national importance with prospective impact.

A chemical engineer and entrepreneur self-petitioning for NIW sought EB-2 as individual with advanced degree. The AAO found her proposed endeavor of providing industrial chemistry and food manufacturing services had substantial merit but failed to demonstrate national importance. Dismissal affirmed because petitioner did not show broader implications or substantial economic effects at requisite level.

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.

Advanced materials engineering researcher seeking NIW for postdoctoral research in wastewater metal recovery and water remediation. Petitioner established field has substantial merit but failed to demonstrate national importance of specific proposed endeavor. Decision held mere employment in important STEM field insufficient without evidence of broader prospective impact.