Published AAO appeal decisions

Hematopathology clinician and researcher seeks NIW under EB-2. Proposed blood disease research satisfies substantial merit and national importance prong. However, insufficient evidence that petitioner is well positioned to advance research through publications, impact, or field recognition.

Pediatric critical care physician sought EB-2 national interest waiver for clinical research role. AAO found her research had substantial merit and national importance, but concluded she was not well positioned to advance the work beyond patient care to impact the field broadly, denying the waiver.

Trauma surgeon and cancer researcher seeks EB-2 national interest waiver. Claimed three Dhanasar prongs: substantial merit and national importance of breast cancer research, capability to advance it, and net benefit to United States. AAO sustained appeal, finding all three prongs satisfied by evidence of research impact and petitioner's demonstrated expertise.

Medical technologist employed at biocontainment facility sought NIW for EB-2 classification. AAO found substantial merit in laboratory work but rejected national importance requirement, concluding benefits were limited to employer rather than broader field impact, and dismissed appeal.

Integrative medicine professional with advanced degree sought EB-2 NIW. AAO found first Dhanasar prong met regarding research merit and national importance, but rejected petition after finding petitioner not well positioned to advance proposed research due to lack of success record or demonstrated interest from field.

Physician and neurology researcher seeks NIW for EB-2 based on mobile app development to improve stroke treatment. AAO found proposed endeavor has substantial merit and national importance but dismissed appeal because applicant failed to demonstrate he is well positioned to advance the project through business experience or funding documentation.

Physician and neonatal researcher sought NIW for research on premature infant conditions. AAO found research met national importance prong but petitioner failed second prong: no demonstrated record of success or field impact through citations or clinical practice changes. Appeal dismissed.

A cardiologist and researcher with advanced degree sought national interest waiver of job offer requirement under Dhanasar framework. The AAO found the proposed research had substantial merit and national importance, but the petitioner was not well positioned to advance it and waiver was not in balance beneficial to the U.S. Appeal dismissed.

Plastic surgeon appealed EB-2 national interest waiver denial under Dhanasar framework. Met first prong (substantial merit and national importance of proposed research). Failed second prong: insufficient evidence he was well-positioned to advance endeavor; lacks documentation of impact or reputation in field.

A medical researcher and psychiatrist sought EB-2 classification with a national interest waiver of the job offer requirement. The petitioner did not respond to an AAO request for evidence on the Dhanasar framework. Alternatively, the AAO found the proposed endeavor lacked substantial national importance details and the petitioner was not well positioned to advance it. Appeal dismissed.

Physician with advanced degree sought NIW to continue cancer research and clinical practice, developing evidence-based staging guidelines. Petitioner established all three Dhanasar prongs: endeavor has substantial merit and national importance, petitioner well positioned by experience and expertise, and waiver benefits United States. Appeal sustained.