Published AAO appeal decisions

Entrepreneur self-petitioner sought NIW for medical billing and revenue cycle management business. SCOPS found substantial merit but not national importance. Petitioner appealed with only generalized error statements without developing arguments for any Dhanasar prong. Appeal dismissed for waived arguments and failure to meet burden.

Pediatric resident with master's and medical degrees sought EB-2 NIW for translational research on fetal cardiology. AAO found national importance established but dismissed because petitioner lacked demonstrated record of research success, field attention, and current prospects needed to be well positioned.

Clinical trials specialist sought NIW for EB-2 to increase ethnic minority participation in drug development. AAO affirmed denial, finding the proposed seven-person business lacked sufficient national importance in healthcare or economy despite furthering a valid national goal of eliminating health disparities.

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 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.

A dentist sought EB-2 national interest waiver. The AAO confirmed EB-2 eligibility but dismissed the appeal under Dhanasar framework, finding the proposed endeavor had substantial merit but lacked national importance. Services to individual patients and general professional shortage do not constitute nationally significant impact.

ENT physician with advanced degree seeking NIW for EB-2. AAO found first two Dhanasar prongs met: proposed medical endeavor has national importance and petitioner well-positioned. Failed third prong: insufficient urgency to waive labor certification requirement.

A dentist seeking EB-2 NIW to provide dental services in underserved rural communities claimed her business model addresses a shortage. AAO held that while the endeavor has substantial merit and she is well positioned to advance it, national importance is not established.

A dentist sought EB-2 NIW to operate a dental clinic with training programs. On motion to reopen, the AAO found she failed all three Dhanasar prongs: no national importance, not well positioned to advance the endeavor, and no net benefit to the United States from waiver.

Dentist sought EB-2 classification with national interest waiver. AAO dismissed the appeal because petitioner presented inconsistent and ambiguous descriptions of her proposed endeavor across multiple opportunities, failing to establish it sufficiently to analyze under any Dhanasar prong.

Dental surgeon seeking NIW for advanced degree EB-2 to establish dental clinic. AAO dismissed appeal, finding proposed endeavor lacks national importance, petitioner not well positioned to advance it given focus on esthetician work, and labor shortage insufficient to balance waiver factors.

A dentist trained in Brazil sought EB-2 classification as an advanced degree professional with a national interest waiver. The AAO withdrew the finding that the foreign degree was equivalent to a US doctorate and found the petitioner not well positioned to advance the endeavor because he lacked US licensure and was working as a dental assistant. Worker shortage alone does not support a waiver.

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.

A cardiologist and researcher with advanced degree sought national interest waiver of job offer requirement under Dhanasar framework. The AAO found the proposed research had substantial merit and national importance, but the petitioner was not well positioned to advance it and waiver was not in balance beneficial to the U.S. Appeal dismissed.