Published AAO appeal decisions

A postdoctoral researcher in cardiovascular medicine sought NIW based on advanced degree eligibility. The AAO sustained the appeal, finding the proposed research into molecular treatments for heart disease and stroke has substantial merit and national importance, the petitioner is well positioned to advance it through demonstrated innovation and citations, and waiving the job offer requirement would benefit the United States.

A forensic DNA analyst sought NIW as EB-2 advanced degree professional, proposing to continue laboratory work analyzing DNA evidence. The AAO dismissed, finding substantial merit but lacking national importance since her laboratory work does not demonstrate impact beyond her employer or broader contributions to forensic science advancement.

A postdoctoral researcher sought an EB-2 national interest waiver for research on neuron cell biology and nanotechnology-based medical devices. The AAO found all three Dhanasar prongs satisfied: substantial merit and national importance, researcher well positioned to advance work, and balance favoring waiver. Appeal sustained.

A research analyst sought EB-1A classification. The AAO confirmed two criteria met: manuscript review and scholarly article authorship. Even assuming a third criterion satisfied, the aggregate evidence did not demonstrate sustained national or international acclaim or placement among the very top of the field.

Industrial hygiene researcher sought EB-2 national interest waiver. Met first prong: proposed occupational safety research has substantial merit and national importance. Failed second prong: insufficient evidence of record of success or field interest. Failed third prong: not shown contributions benefit nation more than available U.S. workers. Appeal dismissed.

Medical scientist sought extraordinary ability in sciences. Claimed six criteria but met none. AAO found judging role merely managerial, original contributions limited to employer, published articles not in major venues, and leadership role impact undemonstrated. Aggregate evidence insufficient for elite status.

Cell biologist sought EB-1A extraordinary ability in sciences. Petitioner met initial three criteria: judging, original contributions, and scholarly articles. On final merits analysis, AAO found petitioner's accomplishments not commensurate with sustained national or international acclaim required. Appeal dismissed.