Citing Government Policy Alone Cannot Satisfy NIW National Importance
Analysis of AAO Decision March 13, 2024: Simply citing government policies or initiatives is insufficient to meet the national importance requirement for NIW.
AAO Decision Background
On March 13, 2024, the AAO (Administrative Appeals Office) issued a denial decision for an NIW (National Interest Waiver) petition. This case provides an important lesson that simply citing government policies or initiatives is insufficient to meet the national importance requirement for NIW.
Petitioner's Arguments
The petitioner argued that their research has national importance for the following reasons:
- Aligns with the U.S. government's "Cancer Moonshot" initiative
- Consistent with National Institutes of Health (NIH) research priorities
- Reflects increasing federal investment in cancer research
- Contributes to public health improvement
AAO's Determination
However, the AAO denied the petition for the following reasons:
- Limitations of General Policy Citations: Simply mentioning government policies or initiatives is insufficient to prove that the petitioner's specific research has national importance.
- Lack of Specificity: The petitioner failed to specifically explain how their research contributes to achieving these policy goals.
- Broad Claims: General claims that cancer research is important do not prove that the petitioner's specific research has national importance.
Limitations of Citing Government Policy
The AAO made it clear:
"The fact that the government has interest in a particular field is not sufficient to prove that the petitioner's specific efforts have national importance."
Practical Advice for NIW Applicants
1. Prove Specific Impact
Beyond mentioning government policies, clearly explain how your research or work specifically contributes to achieving those policy goals.
2. Emphasize Originality and Differentiation
Show what unique value your research provides compared to other researchers in the same field.
3. Present Practical Results
Present not only theoretical importance but also actual achieved results or expected specific impacts.
4. Utilize Expert Opinions
Objectively prove the special value of your research through recommendation letters from field experts.
Effective Approach:
- Specific research achievements and their impact
- Original contributions in the field
- Actual application cases or potential application areas
- Specific evaluations from experts
- Proof of broad impact of research
Approaches to Avoid:
- Simple listing of government policies
- General and broad claims
- Future possibilities without specific evidence
- Lack of differentiation from other researchers
Conclusion
This AAO decision provides an important lesson for NIW applicants. While claiming alignment with government policies or initiatives can be a good starting point, it is not sufficient on its own. For a successful NIW petition, you must clearly prove the specific and original value of your research or work.