Published AAO appeal decisions

Physical therapist seeking EB-1A extraordinary ability claimed original contributions, leading role, and high salary criteria. AAO dismissed because petitioner met only one criterion; original contributions lacked demonstrated major significance and organization lacked distinguished reputation.

Exercise physiologist and entrepreneur seeking EB-2 with national interest waiver to operate wellness clinic promoting exercise physiology in healthcare. Service center approved advanced degree qualification but AAO dismissed because proposed clinic endeavor lacks demonstrated national importance beyond patient benefits.

Aesthetician seeks EB-2 national interest waiver for aesthetics clinic in Florida. AAO affirmed first prong fails because proposed endeavor lacks national importance; impact limited to local clients and employees without broader implications for field or economy. Reserved remaining prongs.

Dentist sought EB-1A extraordinary ability classification. AAO dismissed appeal, finding petitioner failed to satisfy the three required evidentiary criteria: the award lacked documentation of standards and selectivity, and membership requirements did not demonstrate recognition by national or international experts.

ENT physician with advanced degree seeking NIW for EB-2. AAO found first two Dhanasar prongs met: proposed medical endeavor has national importance and petitioner well-positioned. Failed third prong: insufficient urgency to waive labor certification requirement.

Dentist seeking NIW for EB-2 classification proposes opening dental clinic with oral surgery services and claiming research in oral cancer detection has national importance. AAO held endeavor has substantial merit but lacks national importance; claimed research advancement and STEM characterization insufficient without evidence of broader field impact.

A pediatric physical therapy consultant sought a national interest waiver for EB-2 classification. The AAO affirmed that she failed to establish national importance of her proposed endeavor, lacking independent evidence that her trainings would impact the field beyond her own clients. The appeal was dismissed. The record may also indicate ineligibility for underlying EB-2 as advanced degree professional.

Physician-scientist specializing in epidemiology sought EB-2 exceptional ability and NIW. Service Center found first Dhanasar prong met; AAO reversed: petitioner's vague research plan lacks specific national importance. Second prong also fails: foreign medical degree does not satisfy U.S. physician licensure; petitioner not well-positioned to advance proposed endeavor.

A home health services company owner sought EB-2 NIW classification as an advanced degree professional. The petitioner proposed operating a home health company aligned with federal healthcare initiatives. The AAO held that substantial merit in the field does not establish national importance; the specific endeavor must demonstrate broader implications or meaningful industry impact beyond serving prospective patients.

A dentist with an advanced degree proposed opening three dental clinics to serve underserved populations and teach geriatric dentistry. The AAO held the endeavor, while substantially meritorious, lacks national importance because it fails to demonstrate broader implications beyond direct patient benefit or meaningful impact on the dental industry.

A dental surgeon sought EB-2 classification with a national interest waiver for her dental practice. The AAO affirmed denial, finding the Director correctly rejected the waiver claim. While the petitioner qualified for EB-2 as an advanced degree professional, her proposed endeavor lacked national importance because it would not impact the dental field broadly and unsupported business projections could not establish national importance.

A dentist sought EB-2 classification with national interest waiver for a dental practice startup in Florida. The AAO affirmed denial, finding the proposed endeavor had substantial merit but lacked national importance; creating 21 jobs and generating tax revenue in a non-corroborated HUBZone location did not demonstrate requisite broader impact.

Health psychology researcher sought EB-2 NIW. Petitioner failed to establish exceptional ability, meeting only one of six regulatory criteria. AAO dismissed appeal without reaching NIW merits because exceptional ability is prerequisite for NIW eligibility.

Massage therapist claiming EB-1A extraordinary ability. AAO found only one criterion met (judging) where three required; original contributions and high salary not shown; academy did not support sustained acclaim or recognition at top of field. Appeal dismissed.

A nurse seeking EB-2 with national interest waiver to operate a home health care business. AAO held the specific endeavor lacks national importance under Dhanasar because evidence showed only industry importance, not the business's prospective broader impact or employment potential.

Physical therapist self-petitioner sought EB-2 NIW based on work as physical therapist specialist. AAO held petitioner failed to establish advanced degree and that proposed endeavor lacked national importance under Dhanasar; appeal dismissed.

Pharmacist self-petitioner seeking NIW for comprehensive pharmaceutical service business. Claimed national importance through healthcare gap-filling and professional training. AAO held endeavor has merit but lacks national importance; projected revenues and job creation insufficient to demonstrate substantial positive economic effects beyond local clients.

Dentist holding advanced degree seeking EB-2 with national interest waiver. Petitioner proposed consulting and research in laser dentistry. AAO found the proposed endeavor lacked sufficient specificity and evidence demonstrating potential prospective impact at national importance level. Appeal dismissed under first prong of Dhanasar.

A physical therapist assistant sought EB-2 classification as an exceptional ability professional together with a national interest waiver. The appeal was dismissed because the evidence did not satisfy enough regulatory criteria, partly due to unproven full-time experience and a license not shown to be for a profession. The waiver question was reserved and not decided.

A hemodialysis nurse sought EB-2 classification with a national interest waiver for her proposed mobile dialysis service company. The AAO affirmed denial, finding the endeavor showed substantial merit addressing kidney disease but lacked the national importance required under Dhanasar because it would not impact the field broadly or generate substantial economic effects beyond serving her own patients.

An exercise physiologist and entrepreneur sought EB-2 classification and national interest waiver for work in exercise physiology and business. The AAO affirmed the service center's denial because the petitioner failed to demonstrate his proposed endeavor had national importance beyond his individual clients and lacked evidence of substantial economic impact.

Hospital petitions for rehabilitation therapist as EB-1A extraordinary ability individual. Petitioner claimed four of ten criteria. AAO held awards criterion unmet; certificates and scholarships limited to art students not rehabilitation therapy. Membership criterion unmet; honor societies lack required restrictions on outstanding achievements in field. Remaining criteria reserved as unnecessary.

A pharmacist sought EB-1A classification. She claimed membership in associations, scholarly articles, display at artistic events, and leading roles. The AAO affirmed the Director's finding that she met none of the ten criteria, failing to reach the required minimum of three, and dismissed the appeal.

A dentist and entrepreneur sought EB-2 classification with NIW. The AAO dismissed the appeal, finding the petitioner's dental degree was not a doctoral degree as required; dentistry customarily requires a DDS or DMD. Because the underlying EB-2 classification was not established, the NIW was not addressed.

Nurse sought NIW for proposed company providing nursing services in Florida area. AAO dismissed, finding petitioner failed to establish national importance of specific endeavor despite occupational shortage discussion. Revenue and employment projections lacked significance demonstrating substantial economic effects at national level.