Published AAO appeal decisions

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.