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.