Published AAO appeal decisions

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.

A nurse seeking EB-2 with national interest waiver to operate a home health care business. Claimed endeavor would address nursing shortages and healthcare crisis. AAO dismissed, finding the specific endeavor lacked national importance and petitioner was not well-positioned to advance it due to inadequate funding demonstration.

A dentistry specialist seeks a national interest waiver to open a dental clinic and train clinicians, claiming to address dental care shortages. The AAO dismissed the appeal, finding the proposed endeavor lacks national importance because it does not demonstrate broader implications or significant job creation at a national level.

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.

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.

Physician seeking NIW under EB-2 claiming medical practice and research in underserved areas. AAO found proposed endeavor lacks national importance; statistics about aggregate physician impact and pandemic response do not demonstrate petitioner's specific prospective impact on the field. Appeal dismissed.

Self-petitioner quality assurance officer sought EB-2 NIW for healthcare quality improvement work in United States. AAO dismissed appeal because proposed endeavor was vague, lacking specific plans or probative evidence of national importance; letters of support did not adequately detail the specific work or its impact on the healthcare field.

Veterinary assistant seeking NIW for self-employment opening veterinary clinic. Director found first Dhanasar prong met but AAO reversed, finding clinic lacks national importance and petitioner not well-positioned with insufficient planning, unclear location, and no progress documentation.

Physiotherapist sought EB-2 NIW. Director found substantial merit and second prong established but national importance absent. Petitioner reiterated same evidence and arguments on appeal without new support. AAO affirmed national importance was not established; benefits limited to specific institution.

Physical therapist and entrepreneur seeking EB-2 NIW to develop and operate physical therapy clinic in Florida with expansion plans. Petitioner submitted business plan claiming national importance through job creation and economic impact. AAO dismissed appeal, finding petitioner failed to establish national importance of specific endeavor and was not well positioned to advance it.

Physical therapist with advanced degree sought national interest waiver for EB-2. AAO found the proposed endeavor lacks demonstrated national importance and applicant failed to show she is well-positioned to advance it. Appeal dismissed.

Certified nursing assistant with advanced degree seeks EB-2 NIW to operate online nursing consulting and medical training business. AAO held petitioner not qualified as advanced degree professional and failed substantial merit and national importance prongs due to vague goals, incomplete business plan, and weak evidence of market demand or funding.

Surgeon with Brazilian medical license seeks NIW for EB-2 to work at U.S. clinical foundation. AAO affirmed denial because proposed clinical role lacked national importance. Work described typical surgeon duties without demonstrating broader medical field impact.

Nurse with advanced degree seeks EB-2 NIW for direct patient care or home health service venture. AAO affirmed denial because proposed endeavor lacks national importance; expert nursing services and industry shortage claims do not demonstrate impact beyond specific employer or region.

A dentist self-petitioning for NIW sought waiver of job offer for EB-2 advanced degree classification. He proposed buying and expanding a Texas dental clinic. AAO dismissed the appeal, finding while his endeavor had national importance, he was not well positioned to advance it at filing and adjudication because he lacked state licensure until six months after petition filing.

Physician sought EB-2 with national interest waiver to practice geriatric medicine. AAO affirmed denial on two grounds. Petitioner failed to show national importance of general practice and did not demonstrate being well-positioned to advance the endeavor. Material amendment concerning clinic ownership was impermissible.

A speech-language pathologist with a master's degree sought EB-2 NIW, proposing research in speech pathology. The AAO found the endeavor had substantial merit and national importance but rejected the petition because the petitioner failed to establish she was well-positioned to advance it; her publications lacked citations, letters came largely from associates, and evidence did not demonstrate sufficient research success or industry interest.

Physician-researcher in urologic oncology with advanced degree seeks EB-2 national interest waiver. Claimed three Dhanasar prongs: substantial merit of clinical and research endeavor, personal positioning to advance it, and balance favoring waiver. AAO sustained appeal, finding all three prongs met based on clinical care contributions, research trajectory, and public health significance.

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 physical therapist proposing to operate a business providing physical therapy and Pilates services, with potential cross-border consulting. AAO held that the petitioner failed the first prong by lacking sufficient evidence that the business would impact healthcare broadly or generate substantial economic effects at national level.

A dental medical scientist sought EB-2 classification with national interest waiver. AAO affirmed denial, finding the petitioner met the underlying advanced degree requirement but failed to establish a consistent, clearly defined proposed endeavor with substantial merit and national importance, and was not well positioned to advance the work due to lack of U.S. dental practice qualification.

Medical administrator proposing to open a dental clinic claimed three Dhanasar prongs. AAO dismissed appeal, finding the specific endeavor lacks national importance because record does not explain affordable high-quality delivery in U.S. context, and petitioner is not well positioned given unfamiliarity with U.S. healthcare system.

A physical therapist seeks NIW for EB-2, proposing to support physiotherapy needs at hospitals and clinics. The AAO dismissed, finding the specific endeavor lacks national importance and the petitioner is not well-positioned to advance it, lacking evidence of U.S. physical therapy licensure or qualification at filing.

Nutritionist seeking NIW with advanced degree. Petitioner materially changed proposed endeavor between filing and RFE response, shifting focus and field; inconsistent information prevented conclusion that she meets first or second Dhanasar prong.