Published AAO appeal decisions

An employer petitioned for an EB-2 national interest waiver for a process engineer with a Ph.D. in chemistry. The AAO dismissed the appeal, finding the beneficiary's proposed process engineering work lacked national importance despite the employer's significant business scale, as the work would not impact the industry broadly.

Healthcare and life sciences management specialist holding advanced degree sought national interest waiver of job offer requirement. Director approved advanced degree classification but denied waiver. AAO found proposed endeavor lacks substantial merit at national level because it extends only to employer and clients without broader field impact. Appeal dismissed.

Computer science researcher sought national interest waiver for EB-2. Petitioner claimed substantial merit and national importance of system software research, capability to advance it, and favorable balance for U.S. benefit. AAO sustained, finding all three Dhanasar prongs met based on documented research impact and expertise.

A physician and neuropathology researcher sought EB-2 with national interest waiver for neurodegenerative disease research. The AAO found the research met the first prong: substantial merit and national importance. However, the second prong failed due to insufficient evidence of positioning to advance the research. Appeal dismissed.

A historical architect sought EB-2 classification with national interest waiver. The AAO found she qualified as advanced degree holder but failed Dhanasar's first prong: her preservation consulting work, though having substantial merit, lacked evidence of national importance or broader field impact. Appeal dismissed.

An optical physics researcher with advanced degree sought national interest waiver for EB-2 classification to conduct semiconductor design and fabrication research. The AAO found the proposed endeavor had substantial merit and national importance but concluded the petitioner failed to demonstrate he was well positioned to advance it, lacking recent publications or demonstrated progress since 2011.

A special education teacher and coordinator sought an EB-2 classification with a national interest waiver. Her advanced degree was accepted, but the AAO held that her proposed work, though meritorious, lacked national importance because its impact stayed at her school and teacher shortages alone were insufficient. The remaining prongs were not examined.

A financial specialist seeking EB-2 classification with national interest waiver for facilitating Eastern European investment in U.S. real estate. Qualifies as advanced degree holder but fails NIW first prong; proposed endeavor has substantial merit but lacks national importance, showing insufficient economic impact beyond company operations.

Electrical engineering researcher with Master's degree established all three Dhanasar prongs for national interest waiver of job offer requirement. Research on semiconductor and memory systems meets substantial merit and national importance; petitioner well positioned by education and publication record; balance favors waiver given technological interests and practical impracticality of labor certification.

Gospel musician sought EB-2 classification with national interest waiver. Petitioner failed to establish advanced degree requirement or exceptional ability, meeting only two of six required criteria. AAO dismissed appeal because proposed work lacks national importance, the first Dhanasar prong, making further analysis unnecessary.

Entrepreneur sought NIW waiver for EB-2 advanced degree in fast food restaurant business. Petitioner demonstrated advanced degree and substantial merit of business plan with growth potential and job creation claims. AAO found business lacks documented significant potential to employ U.S. workers or substantial positive economic effects necessary for national importance determination.

Mechanical engineering researcher with Ph.D. sought NIW for EB-2 advanced degree classification. AAO found his proposed nanoparticle research met the substantial merit and national importance prong but failed the second prong: insufficient evidence he was well positioned to advance the endeavor through funding history and citations.

A computer engineering researcher with a Ph.D. sought a national interest waiver under Dhanasar. The AAO found his proposed high-performance computing research had substantial merit and national importance but that he failed the second prong, having not demonstrated sufficient impact or interest among peers, and thus dismissed the appeal.

An entrepreneur with an advanced degree sought a national interest waiver to open automotive retail businesses in Florida. The AAO found his proposed endeavor had substantial merit but lacked national importance because it would not extend beyond his business and customers to benefit the broader economy or industry.

Mechanical engineering researcher with Ph.D. sought EB-2 national interest waiver for nanoparticle research. First prong met on research merit and national importance. AAO dismissed, finding petitioner failed second prong: insufficient evidence of independent funding acquisition, citation impact, or demonstrated leadership capacity relative to advisors and coauthors.

Aerospace engineering researcher with Ph.D. seeking national interest waiver. First Dhanasar prong met: proposed research has substantial merit and national importance. Appeal dismissed on second prong: insufficient evidence that beneficiary is well positioned to advance proposed research; publications and peer review activity do not constitute adequate record of success.

Financial analyst petitioner sought national interest waiver. AAO found petitioner qualified for advanced degree classification but dismissed appeal, concluding proposed work lacked national importance under Dhanasar's first prong; services benefited employer and clients only without sufficient evidence of broader economic effects or job creation.

A financial manager sought an EB-2 national interest waiver to work for U.S. companies on restructuring and foreign investment attraction. The AAO dismissed because her proposed endeavor lacked national importance; it would only benefit her employer and clients, not the financial services industry or broader economy.

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.

Legal consultant seeking national interest waiver for EB-2 advanced degree classification. Petitioner claimed proposed work in cross-border commerce and trade consultation has national importance. AAO affirmed denial, finding work has substantial merit but lacks national importance because benefits would not extend beyond petitioner's company and clients to impact industry or economy broadly.

Self-petitioner entrepreneur in real estate and commercial business seeks NIW. Claimed substantial merit of proposed ventures but failed to demonstrate national importance. AAO found no evidence of broad field impact, significant job creation potential, or economic effects reaching national scale.

Teacher seeking EB-2 classification with national interest waiver. Advanced degree and exceptional ability claims both rejected; did not satisfy three criteria required. For NIW, proposed special education work found to lack national importance beyond individual school context. Appeal dismissed.