Published AAO appeal decisions

Nonprofit mental health provider petitioned for medical director beneficiary as EB-1A extraordinary ability. Beneficiary met high salary criterion only; judging and other criteria failed. AAO found that routine job duties reviewing others' work do not satisfy judging requirement and overall evidence lacks sustained national or international acclaim.

A healthcare professional sought NIW for a proposed homecare company in Montana under Dhanasar. Although qualified for EB-2 with advanced degree, the AAO affirmed the director's finding that her company lacked national importance. Providing quality homecare, though valuable, does not show substantial positive economic effects or national scope.

An obstetric nurse sought EB-2 NIW status to operate a doula and midwifery practice. The AAO found her advanced degree qualification was established but the proposed endeavor lacked national importance under Dhanasar because her work would only benefit direct clients, not the field broadly, and her stated innovations were too vague.

A physical therapist sought EB-2 classification with national interest waiver to provide specialized neurology and education services. The AAO affirmed EB-2 eligibility but dismissed the appeal, finding the proposed endeavor lacked national importance despite healthcare field importance, as it would not broadly impact the field or create substantial economic effects.

A physician in diagnostic radiology residency seeks EB-1A extraordinary ability classification. The AAO dismissed the appeal, finding only two criteria met and concluding the beneficiary lacks the sustained national or international acclaim required for the small percentage at the very top of the field.

A physical therapist with an advanced degree sought EB-2 NIW to operate a physical therapy clinic. The AAO affirmed dismissal because the proposed endeavor lacked national importance: it would serve only direct clients and did not demonstrate broader field impact, despite timeliness and industry importance.

A nurse sought NIW under EB-2. The AAO dismissed, finding that while her nursing endeavor had substantial merit, she failed to establish national importance because individual patient care lacks prospective impact on the nursing field or healthcare industry more broadly.

Nursing professional with bachelor's degree sought EB-2 NIW as nurse practitioner. AAO dismissed appeal, finding petitioner failed to establish five years of progressive post-baccalaureate experience as nurse practitioner; thus ineligible for underlying EB-2 and NIW not reached.

Veterinary dentist sought EB-2 NIW as exceptional ability professional. AAO dismissed after affirming director's finding that petitioner lacks required U.S. doctoral or foreign equivalent degree and failed final merits determination for exceptional ability.

Dentist sought EB-2 advanced degree classification and NIW for dental support organization services. AAO affirmed denial because proposed endeavor lacked national importance; evidence showed only local clinic impact, not broader field or economic implications required by Dhanasar.

A dentist sought EB-2 NIW to operate a dental clinic with training programs. On motion to reopen, the AAO found she failed all three Dhanasar prongs: no national importance, not well positioned to advance the endeavor, and no net benefit to the United States from waiver.

A physiotherapist from Brazil seeking EB-2 with national interest waiver. The AAO found the applicant satisfied only one of six exceptional ability criteria and was categorically ineligible for EB-2. The proposed endeavor met substantial merit but not national importance; appeal dismissed on multiple independent grounds.

An orthopedic and trauma physician sought EB-2 classification with national interest waiver for teaching and treating patients. The AAO found the endeavor had substantial merit but lacked national importance because it would not broadly impact the medical field beyond his immediate students and patients.

A hospice employer petitioned for a healthcare management specialist to develop a management system for hospice care. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance because the petitioner failed to demonstrate how the work would impact the field broadly or produce substantial economic effects beyond limited patient populations.

Nurse with advanced degree sought EB-2 NIW for clinical nursing role. AAO dismissed appeal because working as a clinical nurse lacks national importance; evidence about nursing shortage addressed field importance, not the specific endeavor's prospective impact. Business plan postdated filing.

Physiotherapist sought EB-2 NIW. Director found substantial merit and second prong established but national importance absent. Petitioner reiterated same evidence and arguments on appeal without new support. AAO affirmed national importance was not established; benefits limited to specific institution.

A physical therapist with advanced degree seeks NIW for employment in functional dermatology and orthopedics. AAO affirmed denial because the proposed endeavor lacks national importance; it benefits patients only, not the physical therapy field or healthcare industry broadly, despite being a meritorious undertaking.

Physician-researcher in urologic oncology with advanced degree seeks EB-2 national interest waiver. Claimed three Dhanasar prongs: substantial merit of clinical and research endeavor, personal positioning to advance it, and balance favoring waiver. AAO sustained appeal, finding all three prongs met based on clinical care contributions, research trajectory, and public health significance.

A pediatrician seeks NIW to open a pediatric medical clinic in Florida. AAO dismissed because the proposed endeavor, though in a meritorious field, lacks national importance; it does not establish prospective impact on pediatric practice broadly or substantial economic effect at the national level.

Veterinary sonographer sought NIW under EB-2 with job offer. AAO dismissed the appeal because the proposed endeavor of providing veterinary sonography services lacks national importance; it only benefits individual pet owners rather than impacting the veterinary field broadly or the national economy.

An employer sponsored a radiation oncology physician for EB-1A extraordinary ability. The beneficiary met judging and scholarly articles criteria but failed membership and published material criteria. Original contributions not shown to have major significance. Extraordinary ability sustained acclaim was not established. Appeal dismissed.

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.

A speech-language pathologist with doctorate and academic experience seeks extraordinary ability classification. Claimed seven criteria but met only two: judging and scholarly articles. Decision held that two criteria met do not establish extraordinary ability; beneficiary's impact appeared limited to institutions where employed, lacking the sustained national or international acclaim required.