Published AAO appeal decisions

Audiologist and speech pathologist with 13 years experience claimed three Dhanasar prongs for NIW. AAO dismissed appeal, finding her specific proposed endeavor of providing clinical services lacks national importance because it lacks broader field implications and substantial economic effects beyond individual patients.

Physical therapist assistant sought EB-2 exceptional ability classification and NIW. Director approved exceptional ability; AAO withdrew that finding and found petitioner did not qualify for underlying EB-2 classification due to insufficient evidence of degree equivalency and continuous professional licensure, rendering NIW analysis unnecessary.

Dentist sought EB-2 with national interest waiver. Director found advanced degree qualification and substantial merit but denied waiver, finding no national importance. AAO affirmed, holding dental practice activities benefit only immediate patients and employer, lacking broader field implications.

Healthcare professional with advanced degree sought NIW for dental, nutrition, and home healthcare services. AAO dismissed appeal, finding no sufficient evidence that proposed endeavor has national importance, substantial positive economic effects, or significant job creation potential.

A nutritionist with advanced degree sought a national interest waiver. The AAO found her proposed work providing general nutrition consulting lacks national importance under Dhanasar, as it does not impact the broader field or create substantial U.S. economic benefits.

A physician in general practice and aesthetics sought national interest waiver for EB-2 medical research endeavor. The AAO remanded because the petitioner's proposed endeavor changed materially from vague research to medical clinic franchise, and the Director did not analyze whether the specific endeavor had substantial merit and national importance.

A nutritionist employed by a state health department on federally funded WIC programs sought a national interest waiver. The AAO found her proposed work lacked national importance because it affected only direct clients, did not advance the nutrition field broadly, and showed no substantial economic effects, dismissing the appeal under Dhanasar's first prong.

An individual claiming advanced degree status as a physician sought an EB-2 national interest waiver. The AAO found insufficient evidence of medical licensure in the United States and noted material inconsistencies in the proposed endeavor, changing from physician to epidemiologist between filing and responses, preventing clear Dhanasar analysis.

A cardiologist and director seeking NIW under EB-2 claimed substantial merit and national importance for clinical work, teaching, and leadership. AAO found substantial merit but not national importance; clinical impact limited to individual workplace. Petitioner also failed to demonstrate being well positioned to advance endeavor.

A dental surgeon with advanced degree sought EB-2 classification and national interest waiver. While qualified as advanced degree professional, the AAO agreed with the Director that the proposed endeavor lacked national importance under the first Dhanasar prong because the offered administrative position was unrelated to dental research and expansion plans lacked documented national economic impact.

Physical therapist entrepreneur qualified for advanced degree classification but sought national interest waiver. AAO found proposed endeavor lacked national importance; projected employment of 10-14 workers and local benefits insufficient; shortage in field does not establish national importance.

An anesthesiologist and professor claimed extraordinary ability under five EB-1A criteria. The AAO affirmed that she met judging and scholarly articles criteria but found she did not meet membership or original contributions criteria. With only two criteria met, the petitioner fell short of the required three, and the appeal was dismissed.

A reconstructive surgeon sought NIW under EB-2 for proposed clinical and surgical practice. AAO dismissed the appeal, finding the proposed endeavor has substantial merit but lacks national importance because petitioner failed to demonstrate broader field impact or significant economic benefits beyond individual geographic areas.

Clinical research coordinator sought national interest waiver for EB-2. AAO dismissed because petitioner provided inconsistent descriptions of her proposed endeavor between initial and amended filings, preventing determination of whether the endeavor had substantial merit and national importance.

A physical therapist sought EB-2 classification as an advanced degree professional or exceptional ability individual, with a national interest waiver. The AAO held she met neither underlying classification because of insufficient qualifying experience and unchallenged findings on the regulatory criteria, so the waiver question was moot. The appeal was dismissed.

Medical scientist in dentistry with advanced degree sought NIW for dental services, clinical research, and clinic management. AAO dismissed appeal, finding proposed endeavor lacked national importance and detailed research plan, limiting impact to patients and students rather than the broader field.

An anesthesiologist sought EB-2 classification with national interest waiver. Although qualified as advanced degree professional, the AAO summarily dismissed the appeal because petitioner failed to address the Director's findings on two dispositive Dhanasar prongs: national importance and balancing analysis, leaving these conclusions uncontested.

Dermatologist established clinic offering skincare and aesthetic treatments, appeared on television and radio providing medical commentary. Claimed seven criteria; Director found only remuneration criterion met. AAO affirmed five criteria not satisfied and found record lacks sustained national or international acclaim required for extraordinary ability.

Self-petitioner oncologist seeking EB-1A extraordinary ability classification. Met two criteria: judging and scholarly articles. AAO dismissed appeal, finding original contributions criterion not satisfied and insufficient evidence of sustained acclaim or top-tier recognition in medical field.

Endodontics professor sought EB-1A classification. Met three initial criteria via committee work, publications, and scholarly articles. AAO affirmed but rejected final merits, finding stale citation record, large editorial boards, and ad hoc local committee positions insufficient to establish sustained national or international acclaim. Appeal dismissed.

Nurse practitioner sought NIW for EB-2. Petitioner claimed national importance based on occupation's overall value and COVID-19 pandemic, plus conference attendance and multilingual background. AAO dismissed, finding benefit to individual patients and local conference attendance insufficient to establish national importance; endeavor must have broader implications beyond current employment.

Dentist and entrepreneur seeks NIW for dental implantology research and treatment. AAO held proposed endeavor lacks national importance because it benefits only the petitioner's patients and employer without broader implications for U.S. workforce or economy, thus denying NIW eligibility.

A geriatric nurse with an advanced degree sought national interest waiver of labor certification. She qualified for EB-2 advanced degree status but failed to establish national importance: her patient care, manuals, and lectures lacked documentary evidence of broader impact beyond her individual patients and facility.

Physical therapist with advanced degree sought national interest waiver for a proposed Florida clinic offering physical therapy and fall prevention services. The AAO found the endeavor lacks national importance under Dhanasar; local employment projections and unquantified cost savings insufficient to demonstrate broader implications.

A neurological surgeon claimed seven criteria for EB-1A extraordinary ability. The AAO affirmed the Director's finding that she met judging and scholarly articles but rejected awards and membership, and determined that meeting only two criteria did not demonstrate sustained national or international acclaim at the top tier.