Published AAO appeal decisions

Physical therapist seeking EB-2 with NIW to operate healthcare clinic in the United States. AAO found petitioner met underlying advanced degree requirement but proposed endeavor lacks national importance. While addressing healthcare field shortage, evidence insufficient to show prospective impact beyond local clinic operations reaching national significance.

Adapted physical education specialist and entrepreneur proposes health and wellness centers for special needs children in Florida, Massachusetts, and Georgia. Claimed national interest waiver for EB-2. AAO affirmed denial, finding endeavor lacks national importance despite substantial merit; business plan lacks evidence of broader field impact or economic scale reaching national significance.

Music therapist with advanced degree seeking national interest waiver for EB-2 employment-based petition. AAO found substantial merit in proposed music therapy services but denied waiver because endeavor lacked national importance, lacking broader field-wide impact beyond local clients.

Advanced degree professional in health policy sought national interest waiver for mental health initiative emphasizing health-in-all-policies approach. AAO affirmed denial, finding record lacked evidence of how the specific proposed endeavor would advance the field with national or global implications.

A psychologist sought an EB-2 national interest waiver for work involving mental health and diversity initiatives. The AAO dismissed because although the endeavor had substantial merit in health and education, it lacked demonstrated national importance; mere alignment with government initiatives and potential local benefit do not establish national impact.

Clinical trials specialist sought NIW for EB-2 to increase ethnic minority participation in drug development. AAO affirmed denial, finding the proposed seven-person business lacked sufficient national importance in healthcare or economy despite furthering a valid national goal of eliminating health disparities.

A veterinarian sought EB-1A extraordinary ability classification. She met three initial criteria: judging, scholarly articles, and leading critical role. However, the AAO dismissed her appeal because the totality of evidence did not demonstrate sustained national or international acclaim or that she ranked among the very top of her veterinary field.

A drug addiction treatment center petitioned for an EB-2 national interest waiver for an IT operations manager beneficiary. The AAO affirmed denial, finding the proposed endeavor lacked national importance; recommendation letters focused on the beneficiary's individual qualifications and organizational impact only, not industry-wide or profession-wide benefit.

An internal medicine resident with advanced degree sought EB-2 NIW for interventional cardiology research. The AAO found the proposed research had substantial merit and national importance under the first Dhanasar prong. However, the second prong failed because letters of support lacked specific examples of how the petitioner's work affected clinical practice or demonstrated sufficient success warranting waiver of labor certification.

A public health specialist seeking EB-2 national interest waiver proposed tuberculosis control research and care optimization in California. The AAO dismissed the appeal, finding the petitioner established substantial merit but failed to demonstrate national importance because proposed work involves localized patient care without broader field-wide implications.

A radiation oncologist and clinical researcher claimed eight criteria. The service center accepted only scholarly articles. The AAO dismissed the appeal because memberships, published material, judging and contributions were not established, leaving fewer than three criteria met, and it reserved the final merits determination.

Petitioner with advanced degree sought EB-2 NIW classification for homecare business. The petitioner demonstrated substantial merit but failed to establish national importance under Dhanasar. The AAO found the business lacked evidence of substantial positive economic effects or broader field impact beyond limited client and employee benefits, declining to analyze the remaining NIW prongs.

Nurse with advanced degree initially proposing primary care work in underserved Florida areas, later proposing occupational health consulting company. AAO held both endeavors lack national importance under Dhanasar; healthcare field importance alone insufficient for specific endeavor-level impact.

An economist with a PhD proposed research integrating multimodal data and cognitive engagement technologies to analyze healthcare decision-making, supported by NSF funding. The AAO dismissed the appeal because the petitioner failed to establish that the proposed endeavor would advance AI or human-machine interfaces to national importance.

Medical scientist proposing clinical trial safety consulting company. Claimed national interest waiver under Dhanasar framework. AAO held proposed endeavor lacks national importance; benefits restricted to company clients rather than broader healthcare field or economy.

A hospitalist sought a national interest waiver for EB-2 classification. The AAO held the proposed endeavor lacked national importance because it would not impact the field broadly or produce substantial prospective economic effects, despite serving an underserved area. First prong of Dhanasar test failed.

A family nurse practitioner seeks EB-2 advanced degree classification and NIW. Service center approved underlying EB-2 eligibility but denied NIW. AAO affirmed, finding petitioner's proposed primary care practice using telemedicine lacked national importance; evidence showed only individual patient benefit, not broader healthcare industry impact.

Interpretation services provider sought EB-2 NIW for organization serving neurodiverse families with specialized support in native languages. AAO agreed the endeavor had substantial merit but found it lacks national importance; petitioner provided ambitiously expansive objectives without demonstrating how services would impact healthcare or education fields or achieve national-level significance.

A university sponsored a clinical assistant professor of dentistry for an EB-2 national interest waiver to develop integrated clinical education and research. The AAO found the advanced degree requirement met but dismissed the appeal because the proposed endeavor lacks national importance, with benefits limited to institutional and student levels, not broader field or economic impacts.

Medical resident and researcher sought EB-1A extraordinary ability classification based on six claimed criteria. Service center found only two criteria met; AAO affirmed, finding only judging and scholarly articles satisfied. Since fewer than three criteria were met, petitioner failed threshold initial evidence requirements, so final merits analysis was not needed. Appeal dismissed.

Entrepreneur in infection prevention and healthcare sought EB-2 NIW for healthcare consulting company. AAO held proposed endeavor lacked national importance under Dhanasar because beneficiary demonstrated neither that innovations differed from existing approaches nor that projections would generate substantial regional or national economic benefits.

A hematology and oncology physician claimed five criteria for extraordinary ability classification. Service center found two met. AAO affirmed that original contributions lacked major significance, critical role evidence was insufficient, and salary data did not support comparison to field. Petitioner did not satisfy the required three-criterion threshold.

Clinical psychologist and entrepreneur proposing mental health services business claims national importance waiver. AAO found substantial merit but rejected national importance because the endeavor lacks broader field implications, significant job creation, or substantial economic effects beyond direct patients, failing Dhanasar's first prong.

Mental health hospital petitions for EB-2 NIW on behalf of rehabilitation therapist providing art therapy to forensically committed patients. Beneficiary qualifies as advanced degree professional but proposed endeavor lacks national importance; job duties would not impact therapeutic field broadly at national level.

A clinical psychologist sought EB-2 national interest waiver to operate a mental health treatment center using proprietary methodology. The AAO dismissed the appeal, finding the endeavor had substantial merit but lacked national importance because individual patient services and training courses would not broadly impact the mental health field.