Published AAO appeal decisions

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.

Dental surgeon seeking NIW for advanced degree EB-2 to establish dental clinic. AAO dismissed appeal, finding proposed endeavor lacks national importance, petitioner not well positioned to advance it given focus on esthetician work, and labor shortage insufficient to balance waiver factors.

Physical therapist and doula with advanced degree seeking national interest waiver for EB-2. Petitioner claimed endeavor has national importance due to therapist shortage and Brazilian healthcare knowledge. AAO found petitioner submitted industry-level data but failed to demonstrate her specific endeavor would have national importance; individual patient care and business startup lack evidence of broader field impact.

Dentist sought EB-2 with national interest waiver. Petitioner did not establish underlying EB-2 eligibility as advanced degree professional (lacked DDS/DMD equivalent) or exceptional ability (only met two of six criteria). AAO dismissed appeal.

Nurse petitioner self-filed for EB-2 with NIW, proposing to provide expert nursing advice and treatment at a healthcare facility. AAO dismissed: the proposed endeavor lacks national importance because it benefits only the specific employer and patients, not the broader field, and general industry reports about nursing shortages do not address the specific endeavor's national impact.

A radiologist seeking EB-1A extraordinary ability classification met the threshold evidentiary criteria but failed the final merits determination. The AAO found that while the petitioner demonstrated substantial accomplishments and institutional affiliations, the evidence did not establish sustained national or international acclaim at the very top of nuclear medicine.

A nurse sought EB-2 classification with national interest waiver. AAO affirmed denial, finding the petitioner failed to demonstrate national importance of her proposed nursing services endeavor. The decision held that providing nursing services lacks the broader field implications and substantial economic effects required under Dhanasar.

A Venezuelan OB/GYN physician claimed extraordinary ability through eight criteria. The AAO found two criteria met: judging and scholarly articles. However, these routine academic activities lack the acclaim requirement, and the petitioner failed to demonstrate sustained national or international recognition or widespread field impact.

Physical therapist with Brazilian credentials sought EB-2 NIW classification. AAO reversed the Service Center finding and held petitioner failed to establish advanced degree professional status or exceptional ability, with insufficient progressive post-baccalaureate experience, making NIW analysis unnecessary.

A physical therapist proposing to operate a business providing physical therapy and Pilates services, with potential cross-border consulting. AAO held that the petitioner failed the first prong by lacking sufficient evidence that the business would impact healthcare broadly or generate substantial economic effects at national level.

A dental medical scientist sought EB-2 classification with national interest waiver. AAO affirmed denial, finding the petitioner met the underlying advanced degree requirement but failed to establish a consistent, clearly defined proposed endeavor with substantial merit and national importance, and was not well positioned to advance the work due to lack of U.S. dental practice qualification.

Transplant surgeon seeking EB-1A classification. Claimed six criteria; service center found only two met (judging and scholarly articles). AAO affirmed, finding remaining four criteria unsatisfied and concluding cumulative evidence insufficient for extraordinary ability at very top of field.

Medical administrator proposing to open a dental clinic claimed three Dhanasar prongs. AAO dismissed appeal, finding the specific endeavor lacks national importance because record does not explain affordable high-quality delivery in U.S. context, and petitioner is not well positioned given unfamiliarity with U.S. healthcare system.

Weight loss center operator sought extraordinary ability classification. Met only one of four claimed criteria. AAO found insufficient evidence of sustained national or international acclaim or demonstration of career of acclaimed work in health and wellness field.

A physical therapist seeks NIW for EB-2, proposing to support physiotherapy needs at hospitals and clinics. The AAO dismissed, finding the specific endeavor lacks national importance and the petitioner is not well-positioned to advance it, lacking evidence of U.S. physical therapy licensure or qualification at filing.

Registered nurse sought national interest waiver for EB-2 classification. AAO dismissed appeal, finding petitioner demonstrated substantial merit but failed to establish national importance under first prong of Dhanasar framework. General nursing shortage does not render specific proposed endeavor nationally important; no documented innovations or broader implications for healthcare field shown.

Physical therapist with valid license claimed national interest waiver for EB-2. Met initial exceptional ability criteria through degree, license, and professional memberships. AAO found petitioner lacks expertise significantly above field ordinary level and proposed endeavor lacks national importance beyond individual patient impact.

A nurse seeks national interest waiver for EB-2 classification. She claimed her proposed nursing work has substantial merit and national importance. The AAO held the endeavor lacks national importance because it would only serve her immediate patients and employers, without demonstrating broader implications for nursing or healthcare fields as required.

Mental health assistant sought NIW as EB-2 exceptional ability individual. AAO affirmed petitioner failed to meet three evidentiary criteria required for exceptional ability, lacking official academic records, relevant degree, and salary documentation. Dhanasar framework analysis not reached.

A dentist sought EB-2 NIW to open a dental clinic in an underserved New York area designated as a dental health shortage area. The AAO upheld dismissal, finding substantial merit but no national importance under Dhanasar's first prong. The proposed practice lacked evidence of broader implications beyond serving local patients.

Orthopaedic surgeon sought EB-1A extraordinary ability classification. Petitioner met four evidentiary criteria but AAO held he lacked sustained national or international acclaim necessary for the classification, finding awards were for financial assistance, media coverage was minimal and ended, judging involved only medical students, and publication record insufficient.

Dentist with advanced degree seeking NIW. Proposed work as dental assistant or consultant managing dental office. AAO found endeavor has substantial merit but lacks national importance. Petitioner offered evidence of dentist shortage but AAO held individual practice cannot meet national importance standard. Proposed research component insufficient and not clearly integrated into clinical work.

Physical therapist sought EB-2 with national interest waiver. Did not qualify for underlying EB-2 classification: educational credentials did not meet professional requirements. National interest waiver analysis moot; petitioner made material changes to proposed endeavor in response to request for evidence.

A speech-language pathologist with doctorate and academic experience seeks extraordinary ability classification. Claimed seven criteria but met only two: judging and scholarly articles. Decision held that two criteria met do not establish extraordinary ability; beneficiary's impact appeared limited to institutions where employed, lacking the sustained national or international acclaim required.