Published AAO appeal decisions

A postdoctoral researcher with a Ph.D. in horticulture sought an EB-2 national interest waiver to conduct research on HLB-resistant citrus. The Director found the endeavor had substantial merit and national importance but concluded she was not well positioned and the waiver would not benefit the U.S. The AAO sustained the appeal, finding all three Dhanasar prongs satisfied based on her expertise, documented successes, and significant horticultural and economic benefits.

Physical therapist working for major league soccer team sought EB-2 NIW. Claimed teaching and mentoring activities had national importance. AAO found substantial merit but no national importance: individual work lacks prospective impact beyond employer; no evidence of field-wide advancement or economic effects.

Mechanical engineering technical specialist sought EB-1A extraordinary ability. Initial petition denied; appeal summarily dismissed for insufficient argumentation. Petitioner filed six subsequent motions to reopen and reconsider, all dismissed. AAO found no new facts or proper cause warranting reopening.

General and operations manager sought EB-2 exceptional ability classification and NIW. AAO affirmed denial because petitioner failed to satisfy three of six exceptional ability regulatory criteria; NIW arguments not reached as dispositive basis for denial was established.