Published AAO appeal decisions

Public health researcher with DrPH degree sought NIW for developing AI agent-based model for hospital emergency department operations. AAO found proposed endeavor met first prong with national importance, but petitioner failed second prong: insufficient evidence of positioning to advance through progress, expertise demonstration, or stakeholder interest.

A Brazilian healthcare specialist with advanced degree seeks NIW for EB-2, proposing to develop audit systems and management frameworks. The AAO dismissed because petitioner failed to establish the underlying EB-2 classification and did not demonstrate national importance of the specific proposed endeavor.

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.

Music therapist with advanced degree seeking national interest waiver for EB-2 employment-based petition. AAO found substantial merit in proposed music therapy services but denied waiver because endeavor lacked national importance, lacking broader field-wide impact beyond local clients.

Advanced degree professional in health policy sought national interest waiver for mental health initiative emphasizing health-in-all-policies approach. AAO affirmed denial, finding record lacked evidence of how the specific proposed endeavor would advance the field with national or global implications.

A psychologist sought an EB-2 national interest waiver for work involving mental health and diversity initiatives. The AAO dismissed because although the endeavor had substantial merit in health and education, it lacked demonstrated national importance; mere alignment with government initiatives and potential local benefit do not establish national impact.

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.

An internal medicine resident with advanced degree sought EB-2 NIW for interventional cardiology research. The AAO found the proposed research had substantial merit and national importance under the first Dhanasar prong. However, the second prong failed because letters of support lacked specific examples of how the petitioner's work affected clinical practice or demonstrated sufficient success warranting waiver of labor certification.

A public health specialist seeking EB-2 national interest waiver proposed tuberculosis control research and care optimization in California. The AAO dismissed the appeal, finding the petitioner established substantial merit but failed to demonstrate national importance because proposed work involves localized patient care without broader field-wide implications.

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.

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.

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.

Physical therapist filed second motion to reconsider denied NIW petition. Petitioner reargued eligibility without demonstrating misapplication of law or policy. AAO confirmed prior dismissal, holding that field importance and worker shortage do not establish endeavor's national importance. Motion dismissed.

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.

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 dentist-scientist with a Ph.D. sought EB-2 NIW status for dental research focused on underserved populations. The AAO dismissed the appeal, finding although the endeavor had national importance, the beneficiary was not well-positioned to advance it due to lacking employment, institutional support, or documented steps toward pursuing the proposed research position.

Optometrist specialist and entrepreneur sought EB-2 classification and waiver to establish clinics in underserved areas and conduct optometry research. AAO dismissed appeal finding endeavor lacks national importance and petitioner failed to demonstrate being well-positioned through business ownership evidence or progress toward goals.

Clinical and counseling psychologist claiming EB-2 advanced degree with national interest waiver. AAO affirmed denial, holding applicant failed to demonstrate by preponderance of evidence that she is well positioned to advance proposed endeavor under Dhanasar second prong, making waiver ineligible.

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.

Radiologist seeks NIW for EB-2. Proposed establishing radiology consultancy providing affordable services in underserved and shortage areas. AAO held proposed endeavor lacks national importance because it focuses on petitioner's execution rather than endeavor's prospective impact, and letters emphasized past work rather than broader implications.

Dental care entrepreneur seeking NIW to establish dental practice. Claimed national importance based on dental professional shortage and environmental benefits of practice. AAO affirmed denial, finding that serving individual patients lacks national importance; professional shortage alone insufficient under Dhanasar framework.

Mental health specialist sought EB-2 national interest waiver. Director found first prong met. AAO affirmed denial, finding petitioner lacked sufficient evidence of positioning to advance proposed endeavor: no record of prior success, detailed plan, progress, or stakeholder interest demonstrated.