Published AAO appeal decisions

A dentist with an advanced degree sought NIW for EB-2 classification based on her proposed endeavor of providing dental care and community oral hygiene education. The AAO agreed with the director that she failed to establish national importance of her specific proposed endeavor. Appeal dismissed.

A veterinarian sought EB-2 classification with NIW for a mobile veterinary services business. The AAO dismissed, finding the proposed endeavor lacked national importance despite qualifying as exceptional ability, as benefits were limited to individual clients without broader implications for the veterinary profession.

A dental assistant sought EB-2 NIW to establish a cooperative offering training programs and employment placement for dental assistants. The AAO affirmed dismissal because the proposed endeavor lacked national importance: the training was readily available in the U.S. with no broader industry implications, and projected economic impact was client-specific only.

Nurse technician and wellness spa entrepreneur sought EB-2 exceptional ability classification with national interest waiver. AAO affirmed denial, finding petitioner met only one of six regulatory criteria for exceptional ability, failing to establish underlying EB-2 eligibility; therefore national interest waiver not reached.

A nurse sought EB-2 classification and a national interest waiver as a nurse educator and researcher. The AAO affirmed denial because the proposed endeavor lacked demonstrated national importance; field shortages and general assertions insufficient without specific impact evidence.

Nutritionist sought NIW to start nutrition counseling company in Florida. AAO dismissed because petitioner lacked qualifying advanced degree and failed to establish national importance; serving individual clients in a STEM profession lacks sufficiently broad implications for the field.

Dental care entrepreneur seeking NIW to establish dental practice. Claimed national importance based on dental professional shortage and environmental benefits of practice. AAO affirmed denial, finding that serving individual patients lacks national importance; professional shortage alone insufficient under Dhanasar framework.

A physical therapist with an advanced degree sought EB-2 NIW to operate a physical therapy clinic. The AAO affirmed dismissal because the proposed endeavor lacked national importance: it would serve only direct clients and did not demonstrate broader field impact, despite timeliness and industry importance.

Internal medicine physician sought NIW as EB-2. Petitioner claimed his clinical work in underserved area had national importance due to physician shortage. AAO found substantial merit but denied national importance because his individual clinical duties would not impact ICU medicine field broadly or significantly reduce claimed shortage.

Nurse with foreign bachelor's degree claimed national interest waiver for EB-2. AAO held she did not qualify as advanced degree professional and her nursing audit endeavor lacked national importance because it would not impact the broader nursing field or healthcare industry.

A nurse sought NIW under EB-2. The AAO dismissed, finding that while her nursing endeavor had substantial merit, she failed to establish national importance because individual patient care lacks prospective impact on the nursing field or healthcare industry more broadly.

Orthodontist proposed opening a dental clinic emphasizing prosthodontics for underserved U.S. communities. AAO dismissed appeal because petitioner failed to establish national importance: proposed endeavor lacked regional or national impact and broader field implications despite serving healthcare-shortage areas.

Dentist specializing in endodontics sought EB-2 with national interest waiver to practice in New Jersey. AAO dismissed appeal, finding proposed dental services lacked national importance; evidence covered general industry topics rather than demonstrating specific endeavor's broader impact or substantial economic effects.

Physiotherapist seeks EB-2 NIW. AAO dismissed because petitioner failed to establish underlying EB-2 eligibility: she did not demonstrate at least three of six regulatory criteria for exceptional ability, including insufficient work experience documentation and inadequate evidence of significant achievements in her field.

Physiotherapist with advanced degree sought EB-2 classification and national interest waiver to establish health and wellness clinic. AAO dismissed appeal, finding petitioner eligible for underlying EB-2 but failed to establish national importance required for waiver under Dhanasar's first prong.

A psychologist sought EB-2 classification with national interest waiver for providing mental health services to athletes and researching sports concussions. The AAO dismissed, finding substantial merit but no national importance because the specific proposed endeavor lacks broader field implications or substantial economic effects.

A nurse with advanced degree self-petitioned for EB-2 NIW, asserting health and welfare benefits to the nation. The AAO dismissed, holding that while national interest waivers need not require economic benefits, providing routine services identical to other nurses, without medical advances or field-wide implications, does not meet the first Dhanasar prong.

A speech therapist with 23 years of experience seeking EB-2 with national interest waiver to provide specialized services to Hispanic-Latino populations. AAO vacated denial of advanced degree eligibility but affirmed NIW denial because petitioner failed to show national importance; shortage of healthcare workers and personal patient care were insufficient without evidence of broader field impact or substantial economic effects.

Dental surgeon and prosthodontist seeking NIW. Claimed endeavor has broad healthcare system impact. AAO held proposed clinical work lacks national importance because claims were generalized and unsupported by independent corroborating evidence distinguishing it from field as whole.

Mental health specialist sought EB-2 national interest waiver. Director found first prong met. AAO affirmed denial, finding petitioner lacked sufficient evidence of positioning to advance proposed endeavor: no record of prior success, detailed plan, progress, or stakeholder interest demonstrated.

A nurse sought EB-2 classification, as an advanced degree professional or an individual of exceptional ability, together with a national interest waiver. The AAO dismissed the appeal because the nurse met neither EB-2 category, with no showing of expertise above the ordinary, and so did not reach the waiver framework.

A fitness director proposing to provide fitness services through her business in Florida. Director found substantial merit but not national importance. AAO agreed; petitioner's services and business lack prospective impact beyond direct clients and do not rise to national importance level.

A pharmacist sought EB-2 NIW for establishing a pharmaceutical consulting company. The AAO found the proposed endeavor had substantial merit but failed the national importance prong because the petitioner did not demonstrate how the specific consulting services would impact the pharmaceutical industry or broader economy at a national level.

Home health aide sought NIW as EB-2. Petitioner claimed her services would improve patient outcomes, reduce healthcare facility burden, and promote economic growth. AAO found substantial merit but denied national importance because work would not demonstrate impact beyond individual patients or meaningful support of regional or national initiatives.

An entrepreneur in physical therapy sought self-petitioned EB-2 NIW to operate a mobile physical therapy clinic with training programs. The AAO dismissed the appeal because petitioner established substantial merit but failed to demonstrate national importance; the endeavor lacked broader implications for the field beyond direct patient and trainee benefits.