Published AAO appeal decisions

An aerospace engineer sought national interest waiver. AAO found the proposed endeavor had substantial merit and national importance, but the petitioner failed the second prong because his research lacked demonstrated field impact, his role in funding was unclear, and his work showed no record of progress in advancing space research.

A pharmaceutical chemist and assistant professor sought NIW classification. The AAO dismissed the appeal, finding the petitioner failed to establish substantial merit and national importance of the proposed endeavor under Dhanasar's first prong because the endeavor remained vague and lacked evidence of broader field impact.

Registered nurse and nursing instructor applied for NIW under EB-2. Petitioner had advanced degree and proposed work in gerontological nursing and research. AAO found substantial merit but no national importance; nursing work would not impact field broadly, and research plans lacked sufficient detail and evidence of original innovations or wider implications.

Security expert sought NIW for EB-2. Service Center approved advanced degree qualification but denied NIW. AAO dismissed because petitioner failed to describe specific proposed endeavor with sufficient detail to establish substantial merit and national importance.

Adjunct chemistry instructor sought NIW for EB-2. Petitioner claimed substantial merit and national importance but provided inconsistent information about proposed endeavor. AAO found significant unresolved questions and withdrew director's finding that first prong was met, dismissing appeal without reaching remaining prongs.

A petroleum engineer seeking NIW claimed ability to advance research on artificial lift technology. The AAO found the proposed endeavor met the first Dhanasar prong but dismissed the appeal because the engineer's publications, citations, education, and journal service did not demonstrate he was well positioned to advance the specific research.

A counterterrorism security expert with a master's degree sought a national interest waiver for EB-2 classification. While qualified as an advanced degree holder, he failed to demonstrate that his proposed security or emergency management work had national importance or sufficient prospective impact, lacking specific details about his endeavor.

Software developer with ten years experience seeks NIW for independent software development and possible game company. AAO dismissed appeal, finding proposed work lacks national importance beyond prospective employers and clients, and applicant lacks demonstrated success or concrete plan to advance the endeavor.

Dentist sought EB-2 with national interest waiver. Qualified as advanced degree professional but failed Dhanasar test: proposed dental work benefited only immediate patients and employer, lacking broader implications for U.S. workers or substantial economic effects required for national importance.

Taekwondo athlete and coach claiming NIW under EB-2. Petitioner asserted exceptional ability under multiple criteria; Director found only one met. On appeal, insufficient arguments and evidence to overcome exceptional ability finding. NIW claim failed at first Dhanasar prong: proposed endeavor lacks national importance. Appeal dismissed.

A dentist and orthodontist with MBA sought NIW for EB-2. AAO dismissed because petitioner lacked a U.S. DDS/DMD or foreign equivalent degree required by regulation, and proposed dental practice lacks national importance under Dhanasar.

Gastroenterologist sought national interest waiver for EB-2 classification. Petitioner established substantial merit and national importance of proposed research endeavor but failed to demonstrate he was well positioned to advance it through sufficient record of success, impact, or progress. Appeal dismissed.

A country club filed a motion to reopen and reconsider an O-1A denial for a tennis director. The AAO dismissed both motions for failure to meet procedural requirements: the motion lacked required statement about prior judicial proceedings and did not present proper cause, making merits review unnecessary.

Industrial chemist seeking NIW for research on chemical applications. First prong met but second prong failed because patent and publications, though recognized, did not demonstrate sufficient industry impact or record of success needed to show petitioner well positioned to advance research endeavor.

Biochemistry researcher sought NIW for EB-2 classification for brain tumor research. Petitioner demonstrated substantial merit and national importance of proposed research, strong qualifications to advance it, and past successful contributions. AAO held all three Dhanasar prongs met and waiver merited.

Education specialist sought national interest waiver for EB-2 classification. AAO dismissed appeal, finding the proposed endeavor of professionalizing teachers lacked sufficient specificity and documentation to meet the first prong of Dhanasar framework requiring substantial merit and national importance. AAO also found willful material misrepresentation regarding professional research experience.

An electrical engineer sought extraordinary ability classification after the service center revoked an earlier approval. On appeal, the petitioner submitted an affidavit and letter about the lengthy procedural history and stress, but no substantive response to the revocation grounds. The AAO summarily dismissed the appeal for failing to identify any specific error of law or fact.

Senior application engineer and researcher with advanced degree in electrical engineering sought NIW for EB-2. AAO found beneficiary qualified for EB-2 but dismissed appeal because proposed endeavor lacked sufficient national importance beyond the specific employer.

An ICT consultant and professor sought NIW under EB-2. The AAO found the proposed endeavor lacked national importance, as the regulatory record did not show impact beyond individual clients and students; benefits did not rise to substantial positive economic effects. Appeal dismissed.

A dentist trained in Brazil sought EB-2 classification as an advanced degree professional with a national interest waiver. The AAO withdrew the finding that the foreign degree was equivalent to a US doctorate and found the petitioner not well positioned to advance the endeavor because he lacked US licensure and was working as a dental assistant. Worker shortage alone does not support a waiver.

Entrepreneur founder of retail shops seeking NIW as exceptional ability business person. Claimed substantial merit and national importance of business operations and mentorship program. AAO held first Dhanasar prong not met because proposed endeavor lacks evidence of national importance; retail shops lack scale and economic significance to qualify.

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.

A software developer sought EB-2 classification as an individual of exceptional ability with a national interest waiver. The AAO found the petitioner satisfied only two of the six exceptional ability criteria and lacked progressive post-baccalaureate experience. Because the underlying EB-2 qualification was not established, the national interest waiver claim became moot and was not analyzed.

Civil engineer pursuing Ph.D. on risk-informed decision-making framework for energy generation claimed three Dhanasar prongs. AAO sustained appeal, finding the proposed research has substantial merit and national importance with broad applications, the petitioner is well positioned by education and track record, and the waiver benefits the United States.