Published AAO appeal decisions

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.