Published AAO appeal decisions

Pharmacist seeking NIW for advanced-degree EB-2. Claimed telepharmacy and medication delivery innovation endeavor demonstrates substantial merit addressing health disparities. AAO found substantial merit established but rejected national importance of petitioner's specific endeavor versus general field importance. Appeal dismissed.

A dentist seeking EB-2 NIW as entrepreneur failed to establish five years progressive post-baccalaureate experience through employer letters and failed to submit required labor certification form. Appeal dismissed on independent alternative grounds without reaching NIW analysis.

A physical therapist sought EB-2 NIW. Qualified for underlying EB-2 as advanced degree professional. Claimed innovative rehabilitation methods and insoles but lacked objective documentation. Specific endeavor lacks national importance; general patient care does not reach necessary impact level.

A nurse sought EB-2 classification with national interest waiver. The AAO affirmed that she lacked an advanced degree equivalent and failed to establish five years of progressive post-baccalaureate experience. As she did not qualify for the underlying EB-2 classification, the Dhanasar analysis was not reached.

Surgical technologist specialist sought EB-2 classification with national interest waiver. AAO found her proposed endeavor lacked substantial merit and national importance as required by Dhanasar; benefits were limited to specific patients and employer rather than advancing the field or nation broadly.

A pharmacist sought EB-2 classification with national interest waiver. AAO affirmed denial, finding the petitioner failed to establish national importance of providing pharmacy services to underserved populations. The decision held that individual patient care activities, while valuable, lack the broader field impact and substantial economic effects required.

Dentist sought EB-2 classification with national interest waiver. AAO dismissed the appeal because petitioner presented inconsistent and ambiguous descriptions of her proposed endeavor across multiple opportunities, failing to establish it sufficiently to analyze under any Dhanasar prong.

Urologist seeking EB-1A extraordinary ability classification. Petitioner claimed awards and published material criteria; Director found only judging and scholarly articles satisfied. AAO reversed on awards and published material, finding insufficient evidence of national recognition. Appeal dismissed because petitioner failed to establish either major award or three regulatory criteria.

Nurse sought NIW for EB-2 classification. She claimed her patient care and teaching endeavor had national importance based on her skills, knowledge and role in a rural community. AAO held the endeavor lacked national importance because benefits were limited to specific patients, students and workplace, not nursing field or healthcare industry broadly.

Self-petitioner, physician specializing in clinical and other medicine, sought EB-1A extraordinary ability classification. Met only two of ten criteria: scholarly articles and judging. Failed to demonstrate sustained national or international acclaim or recognition as top practitioner. Record shows accomplished but not extraordinarily able physician.

A pediatrician seeks NIW to open a pediatric medical clinic in Florida. AAO dismissed because the proposed endeavor, though in a meritorious field, lacks national importance; it does not establish prospective impact on pediatric practice broadly or substantial economic effect at the national level.

A dietician proposed a nutritional services and supplement business to address obesity. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance because its benefits would extend only to individual clients in a localized area, not broadly impact the field or economy.

Nurse with advanced degree sought EB-2 classification and national interest waiver. AAO dismissed appeal, finding that while nursing is substantially meritorious, petitioner failed to demonstrate her proposed endeavor has national importance because employment impact would not extend beyond her employer and patients to affect the field broadly.

Dentist seeking NIW for EB-2 exceptional ability classification. AAO dismissed appeal because petitioner failed to establish EB-2 qualification; satisfied only one of six required regulatory criteria for exceptional ability and waived appeal on remaining criteria issues.

Medical services provider with advanced degree sought NIW for EB-2 to provide CBD therapeutic education consulting. AAO held the proposed endeavor lacked national importance because it contained only generalized descriptions without sufficient documentation demonstrating specific prospective impact on healthcare or the broader economy.

Athletic trainer seeking EB-2 with NIW for physical rehabilitation services. AAO held petitioner qualified for advanced degree classification but proposed endeavor lacks national importance; specific services limited to individual clients without broader economic or field-wide impact. Appeal dismissed.

A pediatrician intending to work as a registered nurse in the U.S. sought EB-2 NIW classification, claiming she would improve healthcare for Latin populations in areas with nursing shortages. The AAO dismissed the appeal, finding her direct patient care lacked national importance and broader field impact despite substantial merit.

A dental professional seeking EB-2 with NIW submitted evidence of dental care shortages and professional publications. The AAO upheld dismissal, holding the proposed endeavor lacked national importance; professional attributes and field importance do not establish the specific endeavor's prospective impact.

Physical therapist with advanced degree sought EB-2 and NIW for proposed U.S. employment. AAO dismissed appeal because petitioner failed to establish national importance; treating individual patients at one facility without demonstrated field advances lacks requisite national impact despite substantive merit.

Veterinary sonographer sought NIW under EB-2 with job offer. AAO dismissed the appeal because the proposed endeavor of providing veterinary sonography services lacks national importance; it only benefits individual pet owners rather than impacting the veterinary field broadly or the national economy.

An employer sponsored a radiation oncology physician for EB-1A extraordinary ability. The beneficiary met judging and scholarly articles criteria but failed membership and published material criteria. Original contributions not shown to have major significance. Extraordinary ability sustained acclaim was not established. Appeal dismissed.

Physical therapist working for major league soccer team sought EB-2 NIW. Claimed teaching and mentoring activities had national importance. AAO found substantial merit but no national importance: individual work lacks prospective impact beyond employer; no evidence of field-wide advancement or economic effects.

Physical therapist sought NIW for EB-2 classification to operate therapy clinic in Florida. AAO dismissed appeal, finding petitioner failed to identify specific or consistent proposed endeavor and did not establish national importance. Patient care duties lack scale rising to national importance.