Published AAO appeal decisions

A registered nurse sought EB-2 NIW to work and train nurses in Florida while pursuing a doctoral degree in nursing practice. The AAO dismissed the appeal because the petitioner failed to demonstrate that her work would have national importance beyond benefiting her individual patients and trainees.

A social worker sought EB-2 classification with national interest waiver. The AAO found she qualified as an advanced degree professional but failed the first Dhanasar prong because her endeavor lacked sufficient national importance; providing social work services without broader field-wide implications was insufficient.

Physical therapist with advanced degree applied for EB-2 with NIW under Dhanasar. Director and AAO found venture has substantial merit but lacks national importance; specific endeavor not demonstrated to have implications beyond own business operations or broad advancements to healthcare field.

Nursing and home healthcare entrepreneur sought NIW under EB-2. Claimed substantial merit and national importance via franchising, telemedicine, and research partnerships serving diverse populations. AAO found substantial merit but rejected national importance, concluding proposed endeavor lacks documented broader impact on industry beyond petitioner's direct clients.

Self-petitioner exercise physiologist seeks national interest waiver for proposed work in adaptive physical education, preventive activity, and weight loss services. AAO held proposed endeavor lacked national importance under Dhanasar first prong because it offered no broader implications beyond applicant's services, thus failing NIW eligibility despite substantial merit.

Speech therapist and healthcare entrepreneur sought EB-2 with national interest waiver for home healthcare services company. AAO found underlying advanced degree qualification met but denied waiver because proposed endeavor lacked national importance; general healthcare worker shortage and projected economic benefits insufficient without demonstrating broader field impact.

Business owner claimed national interest waiver for EB-2 healthcare software platform. AAO held evidence did not sufficiently demonstrate prospective national importance because although the field was important, the specific endeavor lacked direct connection to claimed broad healthcare industry impacts.

An occupational health and safety expert seeks an NIW for EB-2 classification through her own consulting company providing OSHA training. The AAO affirmed that her proposed endeavor, while having substantial merit, lacks national importance because the record shows no impact beyond her company and its clients affecting the field, industry, or societal welfare.

A nutritionist-entrepreneur sought EB-2 classification with NIW, claiming national importance for her proposed telehealth nutrition platform. The AAO dismissed, finding her endeavor lacked national importance despite substantial merit, as benefits extended only to individual clients without broader implications for the nutrition field.

A pediatric dentist and dental director sought EB-2 with NIW. The AAO found she qualified for EB-2 as holding an advanced degree but failed to demonstrate her proposed dental work has national importance, as required by the first Dhanasar prong. Benefits were limited to her employer and patients, without advancing pediatric dentistry broadly.

Dentist sought EB-2 advanced degree classification and NIW for dental support organization services. AAO affirmed denial because proposed endeavor lacked national importance; evidence showed only local clinic impact, not broader field or economic implications required by Dhanasar.

A physician sought NIW for a healthcare services endeavor in Florida. AAO affirmed dismissal because the proposed endeavor lacked substantial merit; vague business plan and voluntary dissolution of the business entity undermined credibility and long-term viability of the specific endeavor.

Pharmacist and entrepreneur sought EB-2 with national interest waiver to develop wellness business and compounding pharmacy. AAO affirmed denial, finding proposed endeavor failed to demonstrate national importance under Dhanasar; business plan showed growth potential but no evidence of substantial positive economic effects or broader field impact.

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.

A nurse with over ten years of experience sought EB-2 classification with national interest waiver for providing nursing services and teaching. The AAO found substantial merit but dismissed because the proposed endeavor lacks national importance; individual patient care and teaching do not impact the field broadly.

Physical therapist with five years experience proposes return-to-work programs addressing chronic illness and opioid epidemic public health impacts. Claimed national importance from field-level contributions and broader societal welfare. AAO affirmed denial: work limited to individual patient treatment lacks evidence of broader field impact or economic effects at national importance level.

A surgeon in aesthetic medicine sought NIW with advanced degree classification. AAO found the proposed endeavor in aesthetic medicine has substantial merit but lacks national importance because it would only serve individual patients without broader implications for the field or healthcare sector.

Ophthalmologist seeking EB-2 NIW for clinical refractive and cataract surgery practice. Petitioner established advanced degree and substantial merit but failed to show national importance, as proposed work would affect only individual patients and employers, not ophthalmology field broadly.

Self-petitioner, medical health services manager, sought EB-2 with NIW to start home health care company. AAO found substantial merit but affirmed denial on national importance; statistics about home health sector broadly do not demonstrate specific business's broader field or economic impact.

An international dental graduate sought EB-2 classification with national interest waiver for establishing a dental practice. The AAO dismissed the appeal, finding the proposed endeavor lacked documented national importance and would primarily benefit the petitioner and his patients without broader implications for the dental field.

A physiotherapist from Brazil seeking EB-2 with national interest waiver. The AAO found the applicant satisfied only one of six exceptional ability criteria and was categorically ineligible for EB-2. The proposed endeavor met substantial merit but not national importance; appeal dismissed on multiple independent grounds.

An orthopedic and trauma physician sought EB-2 classification with national interest waiver for teaching and treating patients. The AAO found the endeavor had substantial merit but lacked national importance because it would not broadly impact the medical field beyond his immediate students and patients.

Psychoanalyst sought EB-2 advanced degree classification with national interest waiver to provide counseling services through her own clinic. Director found advanced degree qualification but denied waiver. AAO affirmed, holding proposed endeavor lacked national importance; specific counseling services would not impact field broadly or generate substantial economic effects beyond individual clients.

Physical therapist sought NIW for mobile therapy clinic serving underserved patients. Petitioner claimed national importance based on serving low-income areas and future staffing plans. AAO dismissed, finding proposed local clinic lacks national or global implications; employment projections insufficient.

Dentist and entrepreneur seeking NIW for planned dental practice providing seven service categories. Claimed endeavor has substantial merit as healthcare service but lacks national importance; scope limited to individual patients without demonstrable broader industry impact. Appeal dismissed.