Published AAO appeal decisions

A battery test engineer seeks NIW for EB-2 with employer sponsorship to develop lithium battery and soft electronics materials. The AAO found substantial merit but not national importance, as the proposed work's impact is confined to the employer and customers without broader field or economic advancement.

An inorganic chemist sought EB-2 classification and national interest waiver for research in carbon-capturing metal-organic frameworks. The AAO sustained the appeal, finding all three Dhanasar prongs met: the research has national importance for ecological sustainability, the petitioner is well positioned to advance it with her doctoral expertise and peer recognition, and waiving labor certification serves the national interest.

A chemistry professor seeks EB-1A extraordinary ability classification. Petitioner claimed satisfaction of multiple criteria including original contributions (criterion v) and two others (iv, vi). AAO affirmed director's finding that original contributions did not demonstrate major significance and that petitioner failed to meet three criteria required. Appeal dismissed; record does not support extraordinary ability standard.

Employer petitioned for materials science researcher seeking EB-1A extraordinary ability. AAO agreed the beneficiary met three initial criteria but dismissed the appeal, finding the final merits analysis showed insufficient sustained national or international acclaim and that the record relied on speculative future accomplishments rather than established current acclaim.

Research scientist in organic chemistry employed at FDA control laboratory sought national interest waiver. AAO sustained appeal: proposed research on reducing chemical waste in wastewater treatment satisfies all three Dhanasar prongs; environmental protection aligns with national security; petitioner well-positioned with doctoral degree and record.

Chemical engineer sought EB-2 classification and NIW waiver to consult for U.S. cosmetics companies on product formulation. AAO dismissed appeal, affirming Director's finding that proposed endeavor lacked national importance, despite petitioner arguing Director failed to discuss all evidence submitted.

Materials and science engineer seeking EB-1A extraordinary ability. Met two of ten criteria: judging and scholarly articles. Failed third required criterion of original contributions of major significance. AAO found record does not demonstrate sustained national or international acclaim required for classification.

Computational materials scientist sought NIW claiming work on quantum information science and functional materials. AAO dismissed appeal because petitioner failed to specify a concrete proposed endeavor as required under Dhanasar, despite notice and opportunity to clarify.

Chemical sales engineer and technical consultant seeking EB-2 with national interest waiver claimed substantial merit and national importance based on safety and water quality benefits. AAO affirmed denial, finding insufficient evidence that proposed work would have prospective national impact on field, welfare, or economy.