Published AAO appeal decisions

Hematopathology clinician and researcher seeks NIW under EB-2. Proposed blood disease research satisfies substantial merit and national importance prong. However, insufficient evidence that petitioner is well positioned to advance research through publications, impact, or field recognition.

Entrepreneur seeks national interest waiver for EB-2. Proposed business consulting on international trade and digital marketing has substantial merit but fails to demonstrate national importance beyond serving specific clients. Decision holds endeavor lacks sufficient prospective impact on field or U.S. economy, dismissing appeal.

A semiconductor manufacturer petitioned for a process engineer beneficiary under EB-2 NIW. Service center granted advanced degree but denied waiver. AAO affirmed denial: proposed process engineering work lacked national importance under Dhanasar because petitioner failed to show the endeavor's prospective impact on U.S. employment or broader field implications beyond company operations.

A geosteering researcher with advanced degree sought national interest waiver of job offer requirement under Dhanasar framework. All three prongs were satisfied: substantial merit and national importance of research improving drilling operations, petitioner well positioned to advance work, and balance favors waiver. Appeal sustained.

A restaurant owner sought EB-2 classification with national interest waiver. The AAO found she qualified for EB-2 as member of professions holding advanced degree but dismissed her waiver claim under Dhanasar framework, concluding the proposed endeavor lacked demonstrated national importance.

A forensic scientist sought national interest waiver for EB-2 advanced degree classification. The first Dhanasar prong was met: research in biomechanics has substantial merit and national importance. However, the AAO dismissed, finding insufficient evidence he is well positioned to advance the proposed endeavor.

A sports coach sought national interest waiver as EB-2 member of professions with advanced degree equivalent. The AAO found her proposed work as coach and trainer had substantial merit but lacked national importance. Her endeavor would benefit only her individual students and clients, not the broader field or economy, so waiver was not warranted.

Physician researcher in pathology and cellular biology sought EB-2 with national interest waiver for hematological malignancy research. AAO sustained appeal, finding all three Dhanasar prongs met: research has substantial merit and national importance, petitioner well-positioned by experience and publication record, and waiver benefits U.S. healthcare interests.

An engineering consultant seeking NIW classification proposed working as a self-employed consultant providing engineering services. The AAO dismissed the appeal because his proposed endeavor, though having merit, lacks national importance as defined by Dhanasar; specific consulting projects lack broader economic implications required.

Pediatric critical care physician sought EB-2 national interest waiver for clinical research role. AAO found her research had substantial merit and national importance, but concluded she was not well positioned to advance the work beyond patient care to impact the field broadly, denying the waiver.