Published AAO appeal decisions

Physical therapy researcher with advanced degree seeking NIW. Claimed citation prominence and research impact demonstrated well-positioning. AAO held second prong failed because no institutional commitment evidenced, citation records alone insufficient, and no demonstrated employer or stakeholder interest despite stated intentions.

Decision addresses EB-2 exceptional ability classification with NIW request, not NIW under Dhanasar framework as stated in visa attribute. Petitioner failed to meet three-criterion threshold for exceptional ability; NIW determination not reached. Appeal dismissed.

Industrial engineering doctoral student and researcher seeks NIW for EB-2 classification to continue research on graph neural networks for environmental monitoring and real-time video processing. AAO found endeavor nationally important but petitioner lacked PhD-level credentials, demonstrated record of success in the field, concrete plan, or progress toward the specific endeavor; appeal dismissed.

Environmental engineer and entrepreneur sought EB-2 NIW for forestry management and sustainable land consulting company. AAO dismissed because beneficiary failed to establish underlying EB-2 exceptional ability eligibility, meeting only two of six regulatory criteria and lacking requisite expertise level.

Ph.D. student in computer science pursuing generative AI research sought NIW under Dhanasar. AAO found proposed endeavor had substantial merit and national importance, but petitioner failed second prong: insufficient evidence of being well positioned to advance research through citations, progress, or field recognition.

Earthquake engineering researcher with advanced degree seeks NIW for research on soil-structure interactions in seismic design. First prong met; second prong failed because article citations and expert support lack evidence that research has advanced the field sufficiently to show petitioner well positioned to advance proposed endeavor.

SAP consultant self-petitioned for EB-2 NIW seeking to optimize enterprise solutions for small and medium enterprises. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance despite its substantial merit; consulting services to individual clients lack the broad prospective impact required.

A researcher and assistant professor sought NIW for EB-2 under Dhanasar. The AAO agreed the proposed endeavor had substantial merit and national importance but concluded the petitioner was not well-positioned to advance it, lacking demonstrated influence, institutional support, or feasible funding for research plans.

Senior security researcher seeks NIW for cybersecurity innovations. AAO dismissed finding proposed endeavor lacks national importance; work benefits only specific employers and clients without broader field or national security implications.

A postdoctoral researcher in public health sought NIW for work on drug-resistant diseases. The AAO found the endeavor nationally important but dismissed the appeal because the petitioner lacked a doctoral degree and had not demonstrated concrete plans, progress, or relevant funding to advance the work.

Nurse with advanced degree initially proposing primary care work in underserved Florida areas, later proposing occupational health consulting company. AAO held both endeavors lack national importance under Dhanasar; healthcare field importance alone insufficient for specific endeavor-level impact.

Engineer with 20 years water systems experience seeks NIW to expand his consulting company offering engineering services for water infrastructure. AAO dismissed appeal because proposed endeavor lacks national importance despite working in critical field; benefits do not extend beyond his company.

A fitness and wellness coordinator, formerly a professional soccer player, sought an EB-2 exceptional ability classification and a national interest waiver to run a children's health consulting and training company. The AAO withdrew the earlier exceptional ability finding because none of the claimed criteria were met, and reserved the Dhanasar prongs.

Materials engineer self-petitioner sought NIW for EB-2 advanced degree. AAO affirmed dismissal because petitioner failed to establish national importance of proposed solar industry corrosion management solution; industry-wide statistics do not prove specific endeavor impact. Petitioner also not shown well positioned to advance endeavor.

Doctoral candidate in medical research seeking EB-2 NIW for developing medical devices for organ preservation and hypoxia treatment. AAO found first prong met but dismissed, finding petitioner not well-positioned to advance endeavor due to lack of Ph.D. at filing and insufficient connection of prior research to proposed medical device work.