Published AAO appeal decisions

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.

Physical therapist and entrepreneur sought NIW for EB-2 advanced degree classification to operate home health care company. Petitioner proposed employment in economically depressed areas. AAO dismissed because specific endeavor failed national importance requirement; field importance alone insufficient without demonstrated prospective economic impact or field advancement.

Registered nurse self-petitioner sought NIW for healthcare consulting and education business. AAO found endeavor has substantial merit but lacks national importance; acknowledged healthcare industry importance but held that petitioner's specific business impact does not extend beyond customers to broader nursing field.

Nurse with Brazilian degree and twelve years experience sought EB-2 advanced degree classification with national interest waiver for unspecified nursing position. Director found advanced degree qualification and substantial merit but denied waiver. AAO affirmed, distinguishing between healthcare field importance and petitioner's specific endeavor, which lacked demonstrated national health or economic implications.

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.

Dentist seeking NIW for EB-2 claimed her dental practice and advisory services have national importance. AAO held she provided inconsistent descriptions of her endeavor and failed to establish prospective impact at national level required for first Dhanasar prong.

Self-petitioner dentist sought EB-2 NIW based on proposed dental clinic practice. AAO found endeavor has substantial merit but not national importance. Business plan projections and general importance of dentistry do not establish that one dental clinic will have significant prospective impact beyond its own operations and patients.

A healthcare practitioner seeks EB-2 classification with a national interest waiver. The AAO affirmed denial, finding the petitioner materially changed the proposed endeavor in response to an RFE rather than clarifying the original one, and failed to establish the endeavor has substantial merit or national importance under Dhanasar.

A physical therapist with nineteen years experience sought EB-2 advanced degree classification and NIW. AAO dismissed appeal because petitioner impermissibly changed proposed endeavor and initial endeavor lacks national importance; benefits limited to her patients only.

Physical therapist and entrepreneur sought EB-2 with national interest waiver. Claimed endeavor had national importance due to field shortage and business expansion plans. AAO dismissed appeal, finding specific proposed endeavor lacked national importance; evidence addressed petitioner's credentials rather than endeavor's prospective impact.

Exercise physiologist sought EB-2 with national interest waiver for wellness company. Claimed professional importance and patient testimonials. AAO dismissed appeal, finding petitioner failed to demonstrate endeavor's national importance; publications addressed profession generally not specific endeavor; patient letters and credentials showed limited impact.

Mental health counselor with advanced degree sought NIW for independent practice. Petitioner argued field importance and her expertise; AAO affirmed denial because proposed solo practice lacked national importance, operating only at individual patient level without business plan, projections, or broader regional or national impact.

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.

Pharmacist seeks EB-2 NIW to work in clinics treating elderly patients with comorbidities. AAO held endeavor lacks national importance; treating specific populations in particular settings does not constitute national-level impact regardless of occupational shortage or industry importance.

Nurse seeking EB-2 with NIW claimed her elderly care work would benefit the United States. AAO affirmed denial, finding her proposed endeavor lacked national importance under Dhanasar; specific work in one healthcare setting did not demonstrate field-wide impact.

A physician sought an EB-2 national interest waiver to avoid labor certification for a proposed business venture. The AAO dismissed the appeal, finding the business plan lacked sufficient documentation of national importance, containing only local or company-specific impact without evidence of broader economic or field advancement.

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.

Physical therapist sought EB-2 with national interest waiver. AAO held proposed endeavor lacked national importance; petitioner materially changed her endeavor between initial filing and RFE response, and field shortage does not establish national importance under Dhanasar framework.

Physical therapist sought NIW for EB-2 classification to operate her own clinic. AAO affirmed denial, finding her specific endeavor lacked national importance under Dhanasar's first prong because benefits would extend only to her individual patients, not the field or nation broadly, and thus did not warrant labor certification waiver.

Physician and entrepreneur seeking NIW for EB-2 advanced degree classification. Claimed national importance based on employment creation and economic benefits of medical clinics. AAO held proposed endeavor lacks demonstrated national importance; appeal arguments did not overcome Director's finding of insufficient evidence.

A nurse seeking EB-2 with NIW claimed critical care nursing and later a healthcare business would have national importance. The AAO affirmed dismissal, finding the endeavor lacked national importance; industry importance and employment experience do not establish prospective impact beyond immediate scope required.

Physician specializing in oncologic breast surgery sought EB-2 with national interest waiver. AAO held proposed endeavor lacked the national importance required under Dhanasar first prong because petitioner failed to demonstrate broader implications or substantial prospective impact beyond individual medical practice.

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.

Nurse sought EB-2 NIW as advanced degree professional and nursing educator. AAO affirmed director's finding of advanced degree qualification but found proposed endeavor insufficiently specific and lacked demonstrated national importance. Appeal dismissed.

Occupational therapist entrepreneur seeking EB-2 NIW for women's wellness and massage clinic claimed national importance based on small business, preventive healthcare, and job creation. AAO held specific endeavor lacks national importance because it would serve regional clientele only without broader field implications, and projected revenues and employment figures insufficient to demonstrate substantial economic effects.