Published AAO appeal decisions

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.

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.

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.