Published AAO appeal decisions

Dentist with advanced degree sought EB-2 NIW for oral surgery and instruction work. AAO held the endeavor lacks national importance; while instructional work has substantial merit, it does not extend beyond individual trainees to impact dentistry field, public health, or the economy.

Entrepreneur with advanced degree seeks NIW for mental health clinic in Florida. Director found substantial merit but no national importance; clinic would impact patients and employees only, not industry or field broadly. Petitioner appealed with updated business plan but provided no evidence of economic impact at regional or national level. AAO affirmed; reserved opinion on second and third prongs.

A nurse sought EB-2 exceptional ability classification with national interest waiver. The AAO affirmed the service center denial, finding the petitioner did not establish a degree of expertise significantly above that ordinarily encountered. Since the underlying EB-2 qualification failed, the waiver analysis was unnecessary.

Physical therapist and entrepreneur proposed establishing a therapy and pilates clinic with focus on elderly and post-COVID care. AAO found substantial merit but held proposed clinic endeavor fails to demonstrate national importance, dismissing on first Dhanasar prong.

Nurse seeking NIW for employment as nurse. Did not satisfy initial EB-2 exceptional ability evidentiary requirements; failed to meet at least three regulatory criteria. Record does not establish national importance of proposed nursing endeavor. Appeal dismissed.

Mental health nurse practitioner seeks EB-1A extraordinary ability classification. Claimed three evidentiary criteria: lesser awards, association membership, and original contributions. AAO dismissed, finding certifications do not constitute awards for excellence, no qualifying association memberships established, and insufficient evidence on original contributions after petitioner waived brief review.

Physical therapist seeking EB-2 classification with national interest waiver for clinical and consulting work in physical therapy. Claimed endeavor impacts national healthcare initiatives and involves educational outreach. AAO dismissed, finding individual patient care and general professional education, however beneficial, lack the broader implications, manufacturing breakthroughs, or medical advances demonstrating national importance under Dhanasar first prong.

Physician-researcher seeking EB-2 with national interest waiver initially proposed medical research, later shifted to clinic management. AAO affirmed dismissal: material change to proposed endeavor was impermissible; clinic provision of medical services lacks demonstrated broader impact on healthcare field or access.

A dental healthcare professional sought EB-2 classification with national interest waiver for orthodontic and 3D laboratory services. The AAO held she failed the first Dhanasar prong because evidence showed field merit but not national importance; her work lacked broader implications beyond her company and clientele.

Medical and healthcare manager with MD degree seeking national interest waiver for proposed sports medicine clinic in Florida, New Jersey, and California. AAO dismissed because proposed endeavor, though having substantial merit, lacked national importance; personal credentials and experience relate to second prong, not first prong national importance requirement.

Orthopedic and traumatology physician sought EB-1A extraordinary ability classification. AAO affirmed denial: petitioner satisfied judging and scholarly articles criteria but failed to satisfy three total criteria; published materials discussed medical topics rather than petitioner's work; lacked sustained national or international acclaim.

Physician and obstetrics-gynecology professor sought EB-2 NIW for academic research and teaching at U.S. university. AAO affirmed denial, finding proposed teaching activities lacked national importance despite substantial merit; research showed potential impact but teaching was limited to students and employer, not field-broad implications required by Dhanasar.

Nurse with advanced degree sought NIW as self-petitioner to advance healthcare work. AAO dismissed appeal, finding petitioner qualifies for EB-2 classification but lacks national importance for proposed endeavor since specific venture would not significantly affect U.S. healthcare field or economy nationally.

Self-petitioner quality assurance officer sought EB-2 NIW for healthcare quality improvement work in United States. AAO dismissed appeal because proposed endeavor was vague, lacking specific plans or probative evidence of national importance; letters of support did not adequately detail the specific work or its impact on the healthcare field.

A physical therapist self-petitioner qualified as advanced degree professional but failed NIW. AAO held proposed physical therapy clinic lacked national importance because it would not extend beyond company clientele, despite field shortage, lacking broader implications on public health or economy.

A dentist sought EB-2 classification with national interest waiver. The AAO affirmed denial because although she qualified as an advanced degree professional, her proposed dental practice lacked national importance; work within a single practice or clinic did not impact the dental field broadly.

Veterinary assistant seeking NIW for self-employment opening veterinary clinic. Director found first Dhanasar prong met but AAO reversed, finding clinic lacks national importance and petitioner not well-positioned with insufficient planning, unclear location, and no progress documentation.

Physical therapist and entrepreneur sought NIW for EB-2 advanced degree classification to operate home health care company. Petitioner proposed employment in economically depressed areas. AAO dismissed because specific endeavor failed national importance requirement; field importance alone insufficient without demonstrated prospective economic impact or field advancement.

Registered nurse self-petitioner sought NIW for healthcare consulting and education business. AAO found endeavor has substantial merit but lacks national importance; acknowledged healthcare industry importance but held that petitioner's specific business impact does not extend beyond customers to broader nursing field.

Nurse with Brazilian degree and twelve years experience sought EB-2 advanced degree classification with national interest waiver for unspecified nursing position. Director found advanced degree qualification and substantial merit but denied waiver. AAO affirmed, distinguishing between healthcare field importance and petitioner's specific endeavor, which lacked demonstrated national health or economic implications.

Dentist seeking NIW for EB-2 claimed her dental practice and advisory services have national importance. AAO held she provided inconsistent descriptions of her endeavor and failed to establish prospective impact at national level required for first Dhanasar prong.

Self-petitioner dentist sought EB-2 NIW based on proposed dental clinic practice. AAO found endeavor has substantial merit but not national importance. Business plan projections and general importance of dentistry do not establish that one dental clinic will have significant prospective impact beyond its own operations and patients.

A healthcare practitioner seeks EB-2 classification with a national interest waiver. The AAO affirmed denial, finding the petitioner materially changed the proposed endeavor in response to an RFE rather than clarifying the original one, and failed to establish the endeavor has substantial merit or national importance under Dhanasar.

A physical therapist with nineteen years experience sought EB-2 advanced degree classification and NIW. AAO dismissed appeal because petitioner impermissibly changed proposed endeavor and initial endeavor lacks national importance; benefits limited to her patients only.

Physical therapist and entrepreneur sought EB-2 with national interest waiver. Claimed endeavor had national importance due to field shortage and business expansion plans. AAO dismissed appeal, finding specific proposed endeavor lacked national importance; evidence addressed petitioner's credentials rather than endeavor's prospective impact.