Published AAO appeal decisions

Bacteriologist and clinical analyst claimed an NIW for consulting and entrepreneurial work in healthcare. AAO found the proposed endeavor had substantial merit but lacked national importance because it was limited to one company's clients and evidence did not show government interest, funding, or broad sectoral implications.

Hospitalist physician with medical degree and research expertise in vascular diseases sought NIW for clinical research on peripheral arterial disease. AAO sustained appeal, finding all three Dhanasar prongs met: endeavor has substantial merit and national importance, petitioner well positioned to advance it, and waiver beneficial to United States.

An orthopedic physician entrepreneur sought EB-2 NIW classification for a proposed clinic providing musculoskeletal care using regenerative medicine. AAO dismissed the appeal, finding the endeavor lacked demonstrated national importance; local economic activity and addressing healthcare gaps insufficient; no broader field-level impact shown.

Exercise physiologist and entrepreneur seeking EB-2 with national interest waiver to operate wellness clinic promoting exercise physiology in healthcare. Service center approved advanced degree qualification but AAO dismissed because proposed clinic endeavor lacks demonstrated national importance beyond patient benefits.

Aesthetician seeks EB-2 national interest waiver for aesthetics clinic in Florida. AAO affirmed first prong fails because proposed endeavor lacks national importance; impact limited to local clients and employees without broader implications for field or economy. Reserved remaining prongs.

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.

Dentist seeking NIW for EB-2 classification proposes opening dental clinic with oral surgery services and claiming research in oral cancer detection has national importance. AAO held endeavor has substantial merit but lacks national importance; claimed research advancement and STEM characterization insufficient without evidence of broader field impact.

A pediatric physical therapy consultant sought a national interest waiver for EB-2 classification. The AAO affirmed that she failed to establish national importance of her proposed endeavor, lacking independent evidence that her trainings would impact the field beyond her own clients. The appeal was dismissed. The record may also indicate ineligibility for underlying EB-2 as advanced degree professional.

Physician-scientist specializing in epidemiology sought EB-2 exceptional ability and NIW. Service Center found first Dhanasar prong met; AAO reversed: petitioner's vague research plan lacks specific national importance. Second prong also fails: foreign medical degree does not satisfy U.S. physician licensure; petitioner not well-positioned to advance proposed endeavor.

A home health services company owner sought EB-2 NIW classification as an advanced degree professional. The petitioner proposed operating a home health company aligned with federal healthcare initiatives. The AAO held that substantial merit in the field does not establish national importance; the specific endeavor must demonstrate broader implications or meaningful industry impact beyond serving prospective patients.

A dentist with an advanced degree proposed opening three dental clinics to serve underserved populations and teach geriatric dentistry. The AAO held the endeavor, while substantially meritorious, lacks national importance because it fails to demonstrate broader implications beyond direct patient benefit or meaningful impact on the dental industry.

A dental surgeon sought EB-2 classification with a national interest waiver for her dental practice. The AAO affirmed denial, finding the Director correctly rejected the waiver claim. While the petitioner qualified for EB-2 as an advanced degree professional, her proposed endeavor lacked national importance because it would not impact the dental field broadly and unsupported business projections could not establish national importance.

A dentist sought EB-2 classification with national interest waiver for a dental practice startup in Florida. The AAO affirmed denial, finding the proposed endeavor had substantial merit but lacked national importance; creating 21 jobs and generating tax revenue in a non-corroborated HUBZone location did not demonstrate requisite broader impact.

A nurse seeking EB-2 with national interest waiver to operate a home health care business. AAO held the specific endeavor lacks national importance under Dhanasar because evidence showed only industry importance, not the business's prospective broader impact or employment potential.

Physical therapist self-petitioner sought EB-2 NIW based on work as physical therapist specialist. AAO held petitioner failed to establish advanced degree and that proposed endeavor lacked national importance under Dhanasar; appeal dismissed.

Pharmacist self-petitioner seeking NIW for comprehensive pharmaceutical service business. Claimed national importance through healthcare gap-filling and professional training. AAO held endeavor has merit but lacks national importance; projected revenues and job creation insufficient to demonstrate substantial positive economic effects beyond local clients.

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.

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.

A dentist with advanced degree seeks EB-2 NIW to open and operate three dental practices. Although petitioner proposed employing forty workers and advanced implant techniques, the AAO found the endeavor lacks national importance. Benefits accrue only to patients served; no evidence of regional or national economic impact beyond private practice.

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.

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.