Published AAO appeal decisions

An economist with a PhD proposed research integrating multimodal data and cognitive engagement technologies to analyze healthcare decision-making, supported by NSF funding. The AAO dismissed the appeal because the petitioner failed to establish that the proposed endeavor would advance AI or human-machine interfaces to national importance.

Medical scientist proposing clinical trial safety consulting company. Claimed national interest waiver under Dhanasar framework. AAO held proposed endeavor lacks national importance; benefits restricted to company clients rather than broader healthcare field or economy.

Interpretation services provider sought EB-2 NIW for organization serving neurodiverse families with specialized support in native languages. AAO agreed the endeavor had substantial merit but found it lacks national importance; petitioner provided ambitiously expansive objectives without demonstrating how services would impact healthcare or education fields or achieve national-level significance.

Medical resident and researcher sought EB-1A extraordinary ability classification based on six claimed criteria. Service center found only two criteria met; AAO affirmed, finding only judging and scholarly articles satisfied. Since fewer than three criteria were met, petitioner failed threshold initial evidence requirements, so final merits analysis was not needed. Appeal dismissed.

Entrepreneur in infection prevention and healthcare sought EB-2 NIW for healthcare consulting company. AAO held proposed endeavor lacked national importance under Dhanasar because beneficiary demonstrated neither that innovations differed from existing approaches nor that projections would generate substantial regional or national economic benefits.

A hematology and oncology physician claimed five criteria for extraordinary ability classification. Service center found two met. AAO affirmed that original contributions lacked major significance, critical role evidence was insufficient, and salary data did not support comparison to field. Petitioner did not satisfy the required three-criterion threshold.

Clinical psychologist and entrepreneur proposing mental health services business claims national importance waiver. AAO found substantial merit but rejected national importance because the endeavor lacks broader field implications, significant job creation, or substantial economic effects beyond direct patients, failing Dhanasar's first prong.

A clinical psychologist sought EB-2 national interest waiver to operate a mental health treatment center using proprietary methodology. The AAO dismissed the appeal, finding the endeavor had substantial merit but lacked national importance because individual patient services and training courses would not broadly impact the mental health field.

Adaptive sports therapy specialist seeking NIW for EB-2 as advanced degree professional. AAO found endeavor lacks national importance despite substantial merit; local center lacks broader field implications. Petitioner not adequately positioned to advance endeavor. Appeal dismissed.

Management analyst seeking NIW for business establishing drug repositioning company. AAO affirmed denial because proposed endeavor lacks national importance; business plan contains inconsistent financial data showing net loss rather than profit, lacks specified location, and benefits only particular clients without broader field implications.

A radiologist sought extraordinary ability classification, claiming lesser awards, original contributions and scholarly articles. The AAO accepted the scholarly articles criterion but found the awards and contributions criteria unmet for lack of recognition and major significance. Without three criteria, it dismissed the appeal and reserved the final merits.

Physical therapist and entrepreneur seeking to operate mobile therapy clinic claims EB-1A extraordinary ability. Asserted three criteria: membership, leading role, and high salary. AAO analyzed only leading role and found insufficient evidence of role in distinguished organization. Did not analyze other criteria as petitioner could not meet three-criterion threshold.

An associate clinical professor in gastroenterology sought extraordinary ability classification. The AAO sustained the appeal, finding he met three regulatory criteria through judging, original contributions, and scholarly articles with high citations. The final merits determination found sustained national and international acclaim in inflammatory bowel disease research with extensive recognition.

Global health specialist seeks extraordinary ability classification to establish aging healthcare services company. Claimed nine criteria; service center found two met. AAO affirms only two criteria satisfied, below three-criterion threshold. Appeal dismissed without reaching final merits.

A chief executive officer with a medical degree sought EB-2 classification and NIW for a healthcare startup. The proposed endeavor met substantial merit but lacked demonstrated national importance. Projections lacked detail; techniques were not shown as sufficiently innovative or distinct; no broad field impact or employment of disadvantaged workers established.

A registered nurse sought EB-2 NIW classification for an in-home healthcare business. The AAO found she lacked five years post-degree experience for advanced degree classification and failed the national importance prong: her endeavor, though meritorious, would only serve individual patients without broader field impact. The AAO dismissed the appeal.

Pharmacist and entrepreneur self-petitioner seeking NIW for pharmaceutical consulting firm in Florida. Claimed national importance through human capital development and healthcare competitiveness. AAO held endeavor lacks broader implications; applicant's expertise and qualifications misplaced in first prong analysis focused on specific endeavor.

Dental and healthcare management consultant sought EB-2 NIW. AAO found record contained conflicting descriptions of proposed endeavor and petitioner lacked evidence of advanced degree or five years qualifying experience. Petitioner did not demonstrate she was well positioned to advance the endeavor; second Dhanasar prong not satisfied.

A pharmacist sought EB-1A extraordinary ability classification. She claimed seven criteria on appeal but had abandoned three (membership, published material, scholarly articles) during RFE. AAO found she failed to meet at least three criteria; abandoned criteria were not reconsidered. Awards and original contributions were not adequately documented. Appeal dismissed.

Pediatric pulmonologist seeks NIW under EB-2 to serve rural and underserved areas addressing shortage. AAO dismissed, finding substantial merit but no demonstrated national importance; critical field shortage and federal healthcare initiatives insufficient without evidence specific endeavor will broadly reduce shortages.

A health promoter with twelve years experience sought NIW as EB-2 member of professions. AAO dismissed, finding proposed health promotion endeavor lacks national importance. Generic health promotion work does not demonstrate impact beyond a specific organization or extend broadly enough to affect the field at national level.

A fitness and health professional with advanced degree seeks EB-2 classification with national interest waiver. Petitioner proposed fitness training endeavor. Service center and AAO found no national importance because business plan lacked specificity and independent evidence, and proposed work would impact only clients, not the industry broadly.

Registered nurse with advanced degree sought national interest waiver for preventive healthcare program in rural and underserved communities but failed first Dhanasar prong; while addressing important public health need, proposed endeavor lacked demonstrated national importance or broader field implications required by precedent.

Pelvic physiotherapist seeks EB-2 advanced degree professional classification and NIW. Service center denied petition, finding petitioner lacked required transcripts and work experience documentation for advanced degree equivalency. AAO affirmed denial on eligibility grounds and did not analyze NIW prongs.

A biomedical aesthetician and entrepreneur with an advanced degree sought EB-2 NIW classification to establish an aesthetic clinic offering non-surgical treatments and professional development. The AAO affirmed denial, finding the endeavor lacked national importance as merely operating in an important field or addressing industry shortages is insufficient without evidence of broader field or societal impact.