Published AAO appeal decisions

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.

A physician seeking EB-2 classification with NIW qualification proposed medical research combined with clinical practice. The AAO dismissed because the petitioner failed the first Dhanasar prong: the proposed endeavor lacked sufficient national importance, with vague research intentions and minimal documentation insufficient to distinguish from ordinary practice.

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.

Senior research associate with advanced degree in medical data statistics sought NIW for EB-2. AAO dismissed appeal, finding proposed research had national importance but petitioner failed to demonstrate being well positioned to advance it despite citations and peer review work.

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.

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.

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 dentist/manager sought EB-2 national interest waiver to open a dental practice and mobile services in Florida. The AAO affirmed the director's finding that while the petitioner qualified as advanced degree professional, the proposed endeavor lacked national importance; serving specific patients and markets did not demonstrate broader field or economic impact.

A physician and researcher seeks a national interest waiver for EB-2 classification to continue arthroplasty research aimed at improving joint replacement outcomes. The AAO sustained the appeal, finding the proposed research has substantial merit and national importance, the petitioner is well-positioned to advance it, and waiving the job offer requirement would benefit the United States given his proven research capabilities.

Oral and maxillofacial surgeon sought national interest waiver for EB-2 classification as academic surgeon teaching and mentoring residents. Petitioner met advanced degree requirement but failed to establish national importance of proposed endeavor. Professional shortage and absence of female role models in field insufficient to demonstrate national impact beyond patients and trainees. Appeal dismissed.

A sterilization supervisor with an advanced degree sought an EB-2 national interest waiver for infection control management work. The AAO dismissed, finding his proposed endeavor lacked national importance because it would benefit only his employers and their patients, not the field or healthcare industry broadly.

Physician researcher in cardiovascular medicine with advanced degree seeks EB-2 national interest waiver. AAO found proposed research has substantial merit and national importance but dismissed appeal because petitioner failed to establish being well positioned to advance the proposed research endeavor.

Hematopathology clinician and researcher seeks NIW under EB-2. Proposed blood disease research satisfies substantial merit and national importance prong. However, insufficient evidence that petitioner is well positioned to advance research through publications, impact, or field recognition.

Pediatric critical care physician sought EB-2 national interest waiver for clinical research role. AAO found her research had substantial merit and national importance, but concluded she was not well positioned to advance the work beyond patient care to impact the field broadly, denying the waiver.

Trauma surgeon and cancer researcher seeks EB-2 national interest waiver. Claimed three Dhanasar prongs: substantial merit and national importance of breast cancer research, capability to advance it, and net benefit to United States. AAO sustained appeal, finding all three prongs satisfied by evidence of research impact and petitioner's demonstrated expertise.

Medical technologist employed at biocontainment facility sought NIW for EB-2 classification. AAO found substantial merit in laboratory work but rejected national importance requirement, concluding benefits were limited to employer rather than broader field impact, and dismissed appeal.

Integrative medicine professional with advanced degree sought EB-2 NIW. AAO found first Dhanasar prong met regarding research merit and national importance, but rejected petition after finding petitioner not well positioned to advance proposed research due to lack of success record or demonstrated interest from field.

Physician and neurology researcher seeks NIW for EB-2 based on mobile app development to improve stroke treatment. AAO found proposed endeavor has substantial merit and national importance but dismissed appeal because applicant failed to demonstrate he is well positioned to advance the project through business experience or funding documentation.

Physician and neonatal researcher sought NIW for research on premature infant conditions. AAO found research met national importance prong but petitioner failed second prong: no demonstrated record of success or field impact through citations or clinical practice changes. Appeal dismissed.

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.

Plastic surgeon appealed EB-2 national interest waiver denial under Dhanasar framework. Met first prong (substantial merit and national importance of proposed research). Failed second prong: insufficient evidence he was well-positioned to advance endeavor; lacks documentation of impact or reputation in field.