Published AAO appeal decisions

A statistical data analyst at a private university sought EB-2 NIW for advanced data analytics and machine learning work. The AAO remanded because while the applicant discussed past projects, she failed to specify the distinct future endeavor to be undertaken, a prerequisite for Dhanasar analysis.

IT systems manager seeks NIW for IT project management and systems analysis services. AAO remanded, finding Director did not adequately explain deficiencies in evidence supporting national importance and prematurely addressed second prong without properly establishing first prong foundation.

Self-petitioning children's book author and poet sought EB-1A extraordinary ability classification. Petitioner claimed five additional criteria beyond two granted by service center. AAO found petitioner meets three evidentiary criteria (awards, published material, judging) and remanded for final merits determination regarding sustained national or international acclaim.

Flight simulator engineer sought EB-2 classification and national interest waiver. AAO remanded because Director failed to adequately analyze underlying EB-2 eligibility and did not apply Dhanasar framework to NIW claim despite beneficiary identifying specific proposed endeavor.

A physician in general practice and aesthetics sought national interest waiver for EB-2 medical research endeavor. The AAO remanded because the petitioner's proposed endeavor changed materially from vague research to medical clinic franchise, and the Director did not analyze whether the specific endeavor had substantial merit and national importance.

Advanced cardiac imaging fellow sought NIW as EB-2 member of professions with advanced degree. Director found her qualified as advanced degree holder but denied NIW. AAO remanded, finding Director failed to properly analyze the three-prong Dhanasar framework, particularly the prospective impact of proposed research and her positioning to advance it.

A company seeking to employ a chief executive officer for product distribution filed for national interest waiver. The AAO remanded the petition because the Director's decision did not adequately address the three-prong Dhanasar framework and failed to properly establish the petitioner's basic EB-2 qualification with an equivalent bachelor's degree.