Published AAO appeal decisions

A physical therapist with advanced degree seeks NIW for employment in functional dermatology and orthopedics. AAO affirmed denial because the proposed endeavor lacks national importance; it benefits patients only, not the physical therapy field or healthcare industry broadly, despite being a meritorious undertaking.

A nurse with advanced degree sought EB-2 classification and NIW. AAO affirmed denial, finding the proposed nursing work lacks national importance and does not impact the field broadly. Substantial merit was found but national importance was not established.

An entrepreneur with an advanced degree seeking EB-2 NIW classification proposed a mental health services company offering online consultations and coaching. The AAO dismissed the appeal, finding substantial merit but no national importance; the business would benefit its own clients rather than impact the broader mental health field.

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.

A nurse proposing to own an assisted living facility sought EB-2 national interest waiver. The AAO dismissed her appeal because her specific endeavor lacked national importance: the facility would employ few workers and provide only localized benefits insufficient to demonstrate impact on healthcare industry broadly or substantial economic effects.

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.

Adapted physical education specialist and entrepreneur sought NIW for aquatic sports and exercise business. Proposed endeavor had substantial merit but lacked national importance; evidence showed limited local impact without broader industry implications or substantial economic effects warranting waiver.

Radiology technician sought EB-2 exceptional ability with NIW. AAO dismissed appeal finding petitioner met only one of required three criteria due to insufficient documentation of work experience, professional license, and salary comparison supporting exceptional ability claim.

Self-petitioner physical therapist seeking NIW as EB-2. Claimed endeavor aligns with public health national interests. AAO held specific endeavor of treating patients at single facility lacks demonstrated national or global field implications and broader economic impact required under Dhanasar framework.

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.

A physical therapist sought EB-2 NIW classification. The AAO withdrew the Director's misrepresentation finding and accepted substantial merit of the proposed work, but found the specific endeavor lacks national importance due to insufficient evidence of broader field impact or significant economic effects. Appeal dismissed.

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.

Dental assistant and entrepreneur with Brazilian dental degree sought EB-2 NIW. Claimed endeavor had substantial merit and national importance. AAO found neither prong met: endeavor too vague and lacking data on economic impact, job creation, or field advancement. Appeal dismissed.

Physical therapy specialist seeking EB-2 national interest waiver. AAO found petitioner qualified for underlying EB-2 but failed first Dhanasar prong: substantial merit was demonstrated but national importance was not, as proposed endeavor would impact only employer and patients, not broader field.

A nurse with 20 years of nephrology and hemodialysis experience sought an EB-2 national interest waiver for continued clinical work. The AAO dismissed, finding her endeavor has substantial merit but lacks national importance; improving care for individual dialysis patients does not rise to required level of field or industry impact.

Physical therapist seeking EB-2 national interest waiver. AAO found petitioner demonstrated substantial merit but failed to show national importance of specific endeavor. Proposed work would benefit specific patients and employers but lack documented prospective impact on profession or economy broadly.

A nurse sought EB-2 NIW classification. The AAO found the proposed nursing work has substantial merit but lacks national importance because it would only affect specific patients and workplaces, not the nursing field broadly. The appeal was dismissed without analyzing the second and third prongs.

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.

Physical therapist seeking EB-2 NIW to practice physical therapy, focusing on low-income families with disabilities. AAO held DOL Schedule A designation of occupation does not establish national importance; localized benefits to specific individuals do not rise to required national importance level under Dhanasar.

Physical therapist seeking EB-2 with NIW to operate business providing therapy services. Claimed national importance based on profession shortage. AAO affirmed denial: shortage of practitioners does not establish national importance of specific endeavor; individual clinical practice lacks broader implications required by Dhanasar framework.

Dentist seeking NIW for EB-2 advanced degree classification to operate clinic in underserved region. Claimed endeavor addresses shortage of dental services and has economic benefits. AAO dismissed appeal, finding individual dental practice lacks national importance required by first Dhanasar prong.

A dental healthcare worker sought national interest waiver for EB-2 classification. AAO affirmed dismissal because petitioner failed to establish national importance of proposed dental practice. Expert letters addressing dentist shortage did not demonstrate specific endeavor would have broad impact on field or economy.

A gastroenterologist physician sought extraordinary ability classification, claiming nine criteria. The AAO left judging and scholarly articles undisturbed, found awards and original contributions not met and exhibitions inapplicable, and dismissed the appeal because acclaim and top-of-field standing were not shown.

A dentist sought EB-2 NIW classification. The AAO found the proposed dental clinic has substantial merit but lacks national importance because the work's impact would be limited to specific clinics and patients without advancing the dental field or creating significant economic benefits. Appeal dismissed.

Nuclear medicine technologist and medical physicist seeking NIW for EB-2 classification to pursue diagnostic medical physics residency and self-employment. AAO affirmed denial because petitioner failed to demonstrate national importance of proposed endeavor and that waiver would benefit the United States, though substantial merit was established.