Published AAO appeal decisions

Nurse sought EB-2 national interest waiver. AAO dismissed appeal, finding proposed endeavor lacks national importance under first Dhanasar prong; work impacts specific patients and workplace but not the nursing field or U.S. healthcare industry broadly.

Mental health organization petitioned for group facilitator and case manager claiming three Dhanasar prongs. AAO dismissed, finding record does not establish national importance because benefits appear limited to individual clients without broader field or regional economic implications beyond individual treatment.

A physician seeking EB-2 classification with NIW qualification proposed medical research combined with clinical practice. The AAO dismissed because the petitioner failed the first Dhanasar prong: the proposed endeavor lacked sufficient national importance, with vague research intentions and minimal documentation insufficient to distinguish from ordinary practice.

Senior research associate with advanced degree in medical data statistics sought NIW for EB-2. AAO dismissed appeal, finding proposed research had national importance but petitioner failed to demonstrate being well positioned to advance it despite citations and peer review work.

Advanced cardiac imaging fellow sought NIW as EB-2 member of professions with advanced degree. Director found her qualified as advanced degree holder but denied NIW. AAO remanded, finding Director failed to properly analyze the three-prong Dhanasar framework, particularly the prospective impact of proposed research and her positioning to advance it.

Radiology clinic employer sponsored beneficiary with Ph.D. in biochemistry and M.D. in radiology. Claimed membership, original contributions, and scholarly articles criteria. AAO found only scholarly articles met; memberships insufficient and prior research predated medical training. Appeal dismissed as petitioner failed to establish three criteria required for extraordinary ability classification.

An academic medical center petitioned for a critical care physician beneficiary. The service center found initial criteria met but denied based on final merits. The AAO affirmed, finding insufficient evidence of sustained national or international acclaim despite publications and professional memberships, characterizing the beneficiary as diligent rather than exceptional.

Chinese dentist and research center director sought EB-1A extraordinary ability classification. Met judging and scholarly article criteria but AAO found only two of three required criteria established. Final merits analysis concluded petitioner lacks sustained national or international acclaim and is not among small percentage at top of dental field.

Oral and maxillofacial surgeon sought national interest waiver for EB-2 classification as academic surgeon teaching and mentoring residents. Petitioner met advanced degree requirement but failed to establish national importance of proposed endeavor. Professional shortage and absence of female role models in field insufficient to demonstrate national impact beyond patients and trainees. Appeal dismissed.

Assistant professor of anesthesiology sought EB-1A extraordinary ability classification. Met judging criterion but failed three others. Published material did not qualify; original contributions, though evidenced by modest citations and presentations, lacked major significance; leading role unsupported; evidence did not demonstrate elite status. Appeal dismissed.

Sports medicine physician employed by medical center. Met three initial evidentiary criteria: judging, leading critical role, and scholarly articles. AAO dismissed on final merits, finding evidence insufficient to demonstrate sustained national or international acclaim or placement among very top of field.

Physician researcher in cardiovascular medicine with advanced degree seeks EB-2 national interest waiver. AAO found proposed research has substantial merit and national importance but dismissed appeal because petitioner failed to establish being well positioned to advance the proposed research endeavor.

A surgeon sought EB-1A extraordinary ability classification. Petitioner met judging and scholarly articles criteria but failed to demonstrate high salary through proper comparisons or original contributions of major significance. The AAO dismissed the appeal, finding insufficient evidence of sustained national or international acclaim required for the classification.

Medical technologist employed at biocontainment facility sought NIW for EB-2 classification. AAO found substantial merit in laboratory work but rejected national importance requirement, concluding benefits were limited to employer rather than broader field impact, and dismissed appeal.

A cardiologist and researcher with advanced degree sought national interest waiver of job offer requirement under Dhanasar framework. The AAO found the proposed research had substantial merit and national importance, but the petitioner was not well positioned to advance it and waiver was not in balance beneficial to the U.S. Appeal dismissed.

Plastic surgeon appealed EB-2 national interest waiver denial under Dhanasar framework. Met first prong (substantial merit and national importance of proposed research). Failed second prong: insufficient evidence he was well-positioned to advance endeavor; lacks documentation of impact or reputation in field.

A medical researcher and psychiatrist sought EB-2 classification with a national interest waiver of the job offer requirement. The petitioner did not respond to an AAO request for evidence on the Dhanasar framework. Alternatively, the AAO found the proposed endeavor lacked substantial national importance details and the petitioner was not well positioned to advance it. Appeal dismissed.

Physician with advanced degree sought NIW to continue cancer research and clinical practice, developing evidence-based staging guidelines. Petitioner established all three Dhanasar prongs: endeavor has substantial merit and national importance, petitioner well positioned by experience and expertise, and waiver benefits United States. Appeal sustained.

A staffing company sought to employ a respiratory therapist under the H-1B specialty occupation classification, not O-1A. The director denied the petition for lack of required state licensure. The AAO dismissed the appeal, finding no license and no showing that the position qualifies as a specialty occupation under any criterion.

An anesthesiologist beneficiary of an employer-sponsored petition claimed extraordinary ability. The AAO rejected all criteria analyzed, finding that training residents, institutional affiliation, and solicited letters do not demonstrate sustained national or international acclaim required for the classification.

An employer petitioned for O-1A classification of an endocrinologist for temporary three-year employment. The AAO held the beneficiary met only the membership criterion but failed to establish three criteria overall and lacked sustained national or international acclaim required for extraordinary ability.

A medical professional in anesthesia and critical care claimed extraordinary ability through awards, memberships, judging, publications, and institutional role. The AAO found none of the criteria met: exam results are not awards, memberships required only completion, judging lacked national recognition, publications lacked citation evidence, and institutional role was not at distinguished level. Appeal dismissed for insufficient evidence of sustained acclaim.

Healthcare professional beneficiary; employer petitioned for extraordinary ability classification. AAO found beneficiary met two criteria but evidence fell far short of third required. Awards and membership established, but original contributions, leading roles, and publications failed to demonstrate sustained national acclaim at highest level.

Community health clinic dentist sought extraordinary ability classification. AAO found recommendation letters lack independent weight, compensation below field standard, and petitioner meets no criteria for sustained acclaim. Record shows skilled professional valued locally but not nationally recognized.