Published AAO appeal decisions

Medical technologist seeking NIW for diagnostic testing quality control work. Claimed endeavor has national importance due to field significance and pandemic impact. AAO held endeavor has substantial merit but lacks national importance; petitioner confused field importance with specific endeavor impact and provided no evidence of broader implications.

A nurse assistant sought EB-2 national interest waiver. The AAO affirmed denial, concluding the proposed endeavor lacked national importance. While the healthcare field is important, the applicant's specific endeavor—working as a single nurse assistant—does not meet the required prospective national impact standard.

Nurse practitioner specializing in hospital infection control sought EB-2 with national interest waiver. Qualified as advanced degree professional but failed first Dhanasar prong. Proposed endeavor lacks national importance; standard clinical nursing work lacks broader implications or demonstrable substantial economic impact.

Organ transplant coordinator with master's degree sought EB-2 advanced degree and national interest waiver to work on transplant teams. AAO found substantial merit in proposed endeavor but no national importance; individual transplant coordination role lacks broader prospective impact required.

Nutritionist with advanced degree sought NIW under EB-2 to establish nutritional consulting company providing specialized services. AAO dismissed, finding the proposed endeavor has substantial merit but lacks the national importance required by Dhanasar's first prong, declining to address remaining prongs.

Pharmacist seeking NIW claimed his endeavor of providing patient counseling, education, and pharmacy management has national importance. AAO held the endeavor has merit but lacks national importance because it does not demonstrate broader implications extending beyond individual patients or employers.

Dental surgeon and entrepreneur petitioned for NIW to operate oral health clinics in underserved regions. Claimed all three Dhanasar prongs including job creation and dentist shortage benefits. AAO found endeavor lacks national importance; dentist shortage and general economic activity insufficient, and dismissed without addressing remaining prongs.

Dentist holding advanced degree equivalent sought national interest waiver. Director found substantial merit and second prong satisfied but denied on lack of national importance. Petitioner provided insufficient details about proposed clinical practice and nonprofit programs to establish national importance. Appeal dismissed.

Speech-language pathologist holding foreign bachelor's degree equivalent sought national interest waiver. Did not establish five years progressive experience for advanced degree professional status. Proposed endeavor providing patient care lacked national importance as it would impact only direct clients. Appeal dismissed.

Dentist qualified as EB-2 advanced degree professional but sought national interest waiver. AAO dismissed appeal, finding her proposed endeavor to practice dentistry lacked national importance; individual dental practice benefits patients and employer but lacks broader national prospective impact.

Pediatrician with foreign medical degree equivalent to U.S. first professional degree seeking EB-2 NIW. Proposed pediatric practice in Florida hospital, claiming lower disease treatment costs and reduced intensive care admissions. AAO found endeavor lacks demonstrated national importance; benefits limited to individual patients without broader healthcare industry implications.

A physical therapist and entrepreneur sought EB-2 classification with a national interest waiver for her physical therapy business. The AAO dismissed because her specific endeavor lacked national importance, as it would not introduce novel methodologies or impact the field beyond serving her prospective clients.

A nurse with nine years experience in neonatology and pediatrics sought EB-2 with national interest waiver. AAO found her work has substantial merit but lacks national importance because it affects only her patients and employers, not the nursing field broadly. Nursing shortage does not establish national importance under Dhanasar.

Exercise physiologist seeking EB-2 with national interest waiver claimed proposed endeavor had substantial merit and national importance. AAO affirmed denial, finding endeavor lacked national importance because benefits would not extend beyond petitioner's clients to impact field or economy broadly.

Nurse with international bachelor's degree seeking national interest waiver for EB-2 classification. Petitioner proposed specialized nursing in cardiology and intensive care. AAO vacated Director's denial of EB-2 eligibility but dismissed NIW appeal, finding no evidence that individual nursing practice has national importance or field-wide implications.

A clinical laboratory technician seeking EB-2 with national interest waiver claimed ability to serve healthcare professional shortage areas. The AAO dismissed the appeal, finding her proposed endeavor lacks national importance despite STEM field involvement, as she failed to demonstrate the endeavor would have broad field implications or substantial economic effects beyond her business.

A psychologist sought NIW claiming industry importance and economic welfare impact. AAO held the petitioner failed first prong by conflating field importance with specific endeavor importance, and failed second prong because record did not demonstrate how petitioner was positioned to advance the proposed endeavor.

Nurse seeking EB-2 with national interest waiver based on proposed specialized nursing work in hyperbaric oxygen therapy and ICU care. AAO held petitioner lacks advanced degree and proposed endeavor lacks national importance because benefits would not extend beyond her employer and coworkers to impact the nursing field broadly.

An occupational therapist and entrepreneur from Brazil seeks NIW for EB-2 to establish a rehabilitation clinic. She met the advanced degree requirement but failed to demonstrate national importance of her specific proposed endeavor, only showing substantial merit. The AAO affirmed dismissal.

A physical therapist proposed operating a home healthcare and physical support services company and sought EB-2 and NIW. The AAO dismissed the appeal, finding her specific endeavor lacked national importance; beneficial economic activity to local market insufficient.

Physical therapist with advanced degree sought EB-2 national interest waiver to develop innovative techniques for paralysis disorders. Qualified for underlying EB-2 but failed to demonstrate national importance of specific endeavor; impact limited to individual patients.

Medical professional with nine years experience sought EB-2 national interest waiver for primary care and emergency work in shortage areas. AAO dismissed because petitioner failed to establish that the proposed endeavor has national importance beyond addressing general healthcare professional shortages.

Dentist with exceptional ability sought EB-2 NIW classification for specialized dental practice in aesthetics, prosthesis, and periodontics. AAO found her proposed endeavor, though meritorious, lacks national importance because it would not impact the dental field broadly or generate substantial economic effects beyond her individual practice.

Nurse with advanced degree sought NIW waiver for EB-2 classification. Petitioner claimed her nursing work would impact healthcare system and address staffing shortages. AAO dismissed appeal, finding proposed endeavor lacked national importance because petitioner failed to establish how working as a nurse at unspecified facilities would benefit industry broadly.

Nurse seeking national interest waiver claimed her proposed nursing work has national importance. AAO found substantial merit in the nursing profession generally but held her specific endeavor lacks demonstrated national importance, failing the first Dhanasar prong.