Published AAO appeal decisions

Dentist holding advanced degree seeking EB-2 with national interest waiver. Petitioner proposed consulting and research in laser dentistry. AAO found the proposed endeavor lacked sufficient specificity and evidence demonstrating potential prospective impact at national importance level. Appeal dismissed under first prong of Dhanasar.

A hemodialysis nurse sought EB-2 classification with a national interest waiver for her proposed mobile dialysis service company. The AAO affirmed denial, finding the endeavor showed substantial merit addressing kidney disease but lacked the national importance required under Dhanasar because it would not impact the field broadly or generate substantial economic effects beyond serving her own patients.

An exercise physiologist and entrepreneur sought EB-2 classification and national interest waiver for work in exercise physiology and business. The AAO affirmed the service center's denial because the petitioner failed to demonstrate his proposed endeavor had national importance beyond his individual clients and lacked evidence of substantial economic impact.

A pharmacist sought EB-1A classification. She claimed membership in associations, scholarly articles, display at artistic events, and leading roles. The AAO affirmed the Director's finding that she met none of the ten criteria, failing to reach the required minimum of three, and dismissed the appeal.

A dentist and entrepreneur sought EB-2 classification with NIW. The AAO dismissed the appeal, finding the petitioner's dental degree was not a doctoral degree as required; dentistry customarily requires a DDS or DMD. Because the underlying EB-2 classification was not established, the NIW was not addressed.

Nurse sought NIW for proposed company providing nursing services in Florida area. AAO dismissed, finding petitioner failed to establish national importance of specific endeavor despite occupational shortage discussion. Revenue and employment projections lacked significance demonstrating substantial economic effects at national level.

Clinical psychologist and entrepreneur seeking EB-2 NIW to manage psychology clinic in Florida. Self-petitioner. AAO found substantial merit but no national importance; clinic's impact limited to patients with no demonstrated broader implications for psychology field or significant U.S. economic effects.

Chief executive sought EB-2 NIW to develop online application providing mental health strategies. AAO held endeavor has merit but lacks national importance; projected employment of eight jobs and modest profit do not meet Dhanasar's substantial economic effects threshold.

Orthopedic surgeon specializing in spinal surgery claimed extraordinary ability. Met two of six claimed criteria: judging and scholarly articles. AAO dismissed, finding membership and published material criteria unmet. Three similar Chinese articles published nearly simultaneously raised questions about authenticity and common origin. Insufficient evidence of sustained national acclaim; did not demonstrate place at field's very top.

Healthcare entrepreneur proposed establishing a company offering professional training courses. AAO dismissed because the petitioner failed to demonstrate national importance; proposed business benefits and job projections were insufficient, and lack of evidence that impact extends beyond client services to affect the field broadly.

Clinical dentist seeks NIW based on proposed dental training platform. AAO affirmed director's finding that proposed endeavor lacked substantial merit and national importance, as evidence did not demonstrate impact commensurate with national level despite acknowledged oral health challenges.

Dentist with advanced degree seeking NIW for clinical dental services, education, and public health outreach. AAO dismissed appeal, finding substantial merit but no national importance; proposed impact limited to direct patients and employer without broader field or industry influence.

A dentist-scientist with a Ph.D. sought EB-2 NIW status for dental research focused on underserved populations. The AAO dismissed the appeal, finding although the endeavor had national importance, the beneficiary was not well-positioned to advance it due to lacking employment, institutional support, or documented steps toward pursuing the proposed research position.

Physical therapist seeks EB-2 with NIW for consulting business in Pennsylvania/Nevada/Arizona region. Claimed endeavor has national importance with revenue and employment projections. AAO held first prong unmet: business projections unsubstantiated; no evidence of broader field impact, significant worker population reach, or national economic significance.

Nutritionist seeks EB-2 NIW to provide nutrition services and education addressing childhood obesity and chronic disease. Petitioner claimed alignment with federal STEM and health initiatives and job creation, but lacked evidence of national importance. AAO dismissed because endeavor operates in single location and lacks requisite prospective impact affecting broader economy.

Radiologist seeking NIW for radiological protection management consulting business. AAO dismissed appeal, finding petitioner failed to meet at least three exceptional ability criteria required for underlying EB-2 classification, making NIW eligibility determination unnecessary.

Veterinarian sought NIW for EB-2 classification to perform animal sterilization and awareness education. AAO dismissed appeal, finding the proposed endeavor has substantial merit but lacks the national importance required under Dhanasar's first prong, as impact too localized to extend beyond immediate clients.

A nurse sought EB-2 classification as an individual of exceptional ability and an NIW. The applicant claimed four exceptional ability criteria. The AAO found the applicant did not meet three criteria minimum and lacked expertise significantly above ordinary field level. NIW eligibility was not addressed because the underlying EB-2 classification failed.

Ophthalmologist and entrepreneur sought EB-2 NIW. AAO held the business endeavor lacked national importance despite physician shortage concerns; proposed work lacked broader industry impact and unsubstantiated employment and economic projections.

Dentist/orthodontist seeks EB-1A extraordinary ability classification. Submitted evidence of awards, memberships, published materials, and original contributions to field. AAO held petitioner met only one of ten initial criteria (published material); minimum three required. Without major award, insufficient for extraordinary ability.

Optometrist specialist and entrepreneur sought EB-2 classification and waiver to establish clinics in underserved areas and conduct optometry research. AAO dismissed appeal finding endeavor lacks national importance and petitioner failed to demonstrate being well-positioned through business ownership evidence or progress toward goals.

An entrepreneur with a physical therapy business sought EB-2 NIW claiming her online company would generate substantial economic effects and contribute to field development. The AAO dismissed, finding generalized assertions about economic growth lacked direct evidentiary connection to the specific proposed endeavor's prospective impact.

A psychologist seeking EB-2 advanced degree professional classification and national interest waiver for a private psychotherapy practice. The AAO affirmed the director's denial of the combined motions to reopen and reconsider, and affirmed that the proposed private practice lacked national importance under Dhanasar's first prong.

A physiotherapist seeking EB-2 NIW classification claimed advanced degree and five years post-baccalaureate experience. The AAO dismissed the appeal, finding willful misrepresentation: inconsistent statements about education and work experience contradicted prior visa proceedings, and petitioner did not respond to notice of intent to dismiss.

Dentist entrepreneur operating dental clinic seeking EB-2 advanced degree with national interest waiver. AAO affirmed denial, holding proposed endeavor lacks national importance because operating one clinic does not demonstrate significant potential to employ U.S. workers or impact dentistry field broadly.