Published AAO appeal decisions

Adaptive sports therapy specialist seeking NIW for EB-2 as advanced degree professional. AAO found endeavor lacks national importance despite substantial merit; local center lacks broader field implications. Petitioner not adequately positioned to advance endeavor. Appeal dismissed.

Management analyst seeking NIW for business establishing drug repositioning company. AAO affirmed denial because proposed endeavor lacks national importance; business plan contains inconsistent financial data showing net loss rather than profit, lacks specified location, and benefits only particular clients without broader field implications.

A radiologist sought extraordinary ability classification, claiming lesser awards, original contributions and scholarly articles. The AAO accepted the scholarly articles criterion but found the awards and contributions criteria unmet for lack of recognition and major significance. Without three criteria, it dismissed the appeal and reserved the final merits.

Physical therapist and entrepreneur seeking to operate mobile therapy clinic claims EB-1A extraordinary ability. Asserted three criteria: membership, leading role, and high salary. AAO analyzed only leading role and found insufficient evidence of role in distinguished organization. Did not analyze other criteria as petitioner could not meet three-criterion threshold.

Global health specialist seeks extraordinary ability classification to establish aging healthcare services company. Claimed nine criteria; service center found two met. AAO affirms only two criteria satisfied, below three-criterion threshold. Appeal dismissed without reaching final merits.

Employer (veterinary group) petitioned for beneficiary, director of veterinary surgical education. Beneficiary met four initial criteria including publications and peer review. AAO dismissed, holding that while criteria were met, the totality of evidence did not show sustained national or international acclaim or position among the very top of the field.

A chief executive officer with a medical degree sought EB-2 classification and NIW for a healthcare startup. The proposed endeavor met substantial merit but lacked demonstrated national importance. Projections lacked detail; techniques were not shown as sufficiently innovative or distinct; no broad field impact or employment of disadvantaged workers established.

A physiotherapist sought EB-2 classification with a national interest waiver. The AAO affirmed that the petitioner failed to meet the underlying EB-2 exceptional ability requirement at the final merits stage, despite satisfying three initial criteria. Because eligibility for the underlying classification was not established, NIW analysis was waived and the appeal was dismissed.

A registered nurse sought EB-2 NIW classification for an in-home healthcare business. The AAO found she lacked five years post-degree experience for advanced degree classification and failed the national importance prong: her endeavor, though meritorious, would only serve individual patients without broader field impact. The AAO dismissed the appeal.

Pharmacist and entrepreneur self-petitioner seeking NIW for pharmaceutical consulting firm in Florida. Claimed national importance through human capital development and healthcare competitiveness. AAO held endeavor lacks broader implications; applicant's expertise and qualifications misplaced in first prong analysis focused on specific endeavor.

Dental and healthcare management consultant sought EB-2 NIW. AAO found record contained conflicting descriptions of proposed endeavor and petitioner lacked evidence of advanced degree or five years qualifying experience. Petitioner did not demonstrate she was well positioned to advance the endeavor; second Dhanasar prong not satisfied.

A pharmacist sought EB-1A extraordinary ability classification. She claimed seven criteria on appeal but had abandoned three (membership, published material, scholarly articles) during RFE. AAO found she failed to meet at least three criteria; abandoned criteria were not reconsidered. Awards and original contributions were not adequately documented. Appeal dismissed.

Pediatric pulmonologist seeks NIW under EB-2 to serve rural and underserved areas addressing shortage. AAO dismissed, finding substantial merit but no demonstrated national importance; critical field shortage and federal healthcare initiatives insufficient without evidence specific endeavor will broadly reduce shortages.

A health promoter with twelve years experience sought NIW as EB-2 member of professions. AAO dismissed, finding proposed health promotion endeavor lacks national importance. Generic health promotion work does not demonstrate impact beyond a specific organization or extend broadly enough to affect the field at national level.

A fitness and health professional with advanced degree seeks EB-2 classification with national interest waiver. Petitioner proposed fitness training endeavor. Service center and AAO found no national importance because business plan lacked specificity and independent evidence, and proposed work would impact only clients, not the industry broadly.

Registered nurse with advanced degree sought national interest waiver for preventive healthcare program in rural and underserved communities but failed first Dhanasar prong; while addressing important public health need, proposed endeavor lacked demonstrated national importance or broader field implications required by precedent.

Pelvic physiotherapist seeks EB-2 advanced degree professional classification and NIW. Service center denied petition, finding petitioner lacked required transcripts and work experience documentation for advanced degree equivalency. AAO affirmed denial on eligibility grounds and did not analyze NIW prongs.

A biomedical aesthetician and entrepreneur with an advanced degree sought EB-2 NIW classification to establish an aesthetic clinic offering non-surgical treatments and professional development. The AAO affirmed denial, finding the endeavor lacked national importance as merely operating in an important field or addressing industry shortages is insufficient without evidence of broader field or societal impact.

A health management specialist sought EB-1A extraordinary ability classification, claiming three evidentiary criteria. The AAO found she met one criterion regarding scholarly articles but failed the membership criterion and reserved the leading role criterion. Because she did not establish three criteria, the final merits step was not performed, and the appeal was dismissed.

Physical therapist filed second motion to reconsider denied NIW petition. Petitioner reargued eligibility without demonstrating misapplication of law or policy. AAO confirmed prior dismissal, holding that field importance and worker shortage do not establish endeavor's national importance. Motion dismissed.

A dentist sought EB-2 national interest waiver. The AAO confirmed EB-2 eligibility but dismissed the appeal under Dhanasar framework, finding the proposed endeavor had substantial merit but lacked national importance. Services to individual patients and general professional shortage do not constitute nationally significant impact.

A pharmacist and consultant sought a waiver to create a counseling platform addressing prescription medication misuse. She possessed an advanced degree qualifying for EB-2. The AAO dismissed the appeal because her proposed endeavor lacks national importance, with benefits limited to individual platform users rather than demonstrating substantial positive economic effects or industry-wide impact.

Bacteriologist and clinical analyst claimed an NIW for consulting and entrepreneurial work in healthcare. AAO found the proposed endeavor had substantial merit but lacked national importance because it was limited to one company's clients and evidence did not show government interest, funding, or broad sectoral implications.

Dentist and prosthodontist sought EB-1A extraordinary ability classification. Service center found three evidentiary criteria met but no sustained national or international acclaim. AAO affirmed, finding memberships and judging experience insufficient to show career of acclaimed work or placement among the very top of the field.

An orthopedic physician entrepreneur sought EB-2 NIW classification for a proposed clinic providing musculoskeletal care using regenerative medicine. AAO dismissed the appeal, finding the endeavor lacked demonstrated national importance; local economic activity and addressing healthcare gaps insufficient; no broader field-level impact shown.