Published AAO appeal decisions

A postdoctoral researcher in geology and environmental science sought an EB-2 national interest waiver. The AAO accepted advanced degree status but dismissed the appeal because the proposed endeavor was vague and inconsistent, so national importance was not shown under the first Dhanasar prong, and the other prongs were not reached.

A senior exploration geologist met three initial criteria including scholarly articles, critical organizational roles, and high salary. However, in final merits determination, the AAO found insufficient evidence of sustained national or international acclaim or that the petitioner ranks among the very top of the field, dismissing the appeal despite initial threshold achievement.

A well control instructor sought EB-2 classification with national interest waiver. The AAO found the petitioner qualified as an advanced degree professional and that the proposed endeavor had substantial merit, but the specific work lacked national importance beyond the employer and its contractors.

Process engineer sought national interest waiver under Dhanasar framework. Petitioner qualified as advanced degree holder but failed first prong. Work involved process engineering for employer clients, not broader implications for field or national economy. No sufficient evidence of projected U.S. job creation or substantial economic effects.

Electrical power network communications engineer seeks national interest waiver for EB-2 classification to strengthen U.S. power grid. AAO found first prong met but dismissed appeal because petitioner lacked sufficient evidence of being well positioned to advance the proposed endeavor under second Dhanasar prong.

Energy policy researcher with advanced degree sought NIW for EB-2. AAO found proposed energy research had substantial merit and national importance but dismissed appeal, concluding petitioner failed to demonstrate being well positioned to advance the endeavor without sufficient evidence of means or track record.

A geosteering researcher with advanced degree sought national interest waiver of job offer requirement under Dhanasar framework. All three prongs were satisfied: substantial merit and national importance of research improving drilling operations, petitioner well positioned to advance work, and balance favors waiver. Appeal sustained.

Geophysicist seeking EB-2 national interest waiver for geophysical data processing consulting. Claimed work has substantial merit but lacks national importance because impact extends only to specific clients in oil and gas industry, not the field broadly. Appeal dismissed.

A petroleum engineer and manager at a multinational company met three initial criteria but lacked national or international acclaim in the aggregate. The AAO dismissed the appeal, finding his recognition limited to his employer rather than the field.

Petroleum engineer sought NIW as EB-2 with advanced degree. Met first Dhanasar prong: carbon sequestration research has substantial merit and national importance. Failed second prong: citation record and publications insufficient to show well-positioned status to advance proposed endeavor.

Geologist and petroleum researcher claiming extraordinary ability in hydrocarbon modeling. Failed to meet three criteria threshold. Awards not nationally recognized, judging role informal only, and original contributions lacked major field significance. Appeal dismissed; petitioner did not establish required expertise level.

An analyst in power systems economics and intelligent systems applications sought EB-1A classification, with counsel claiming at least three criteria. The AAO found the journal peer review evidence satisfied the judging criterion, but held the record as a whole did not show sustained acclaim or top-of-field standing, and dismissed the appeal.