Published AAO appeal decisions

Self-petitioner, medical health services manager, sought EB-2 with NIW to start home health care company. AAO found substantial merit but affirmed denial on national importance; statistics about home health sector broadly do not demonstrate specific business's broader field or economic impact.

An international dental graduate sought EB-2 classification with national interest waiver for establishing a dental practice. The AAO dismissed the appeal, finding the proposed endeavor lacked documented national importance and would primarily benefit the petitioner and his patients without broader implications for the dental field.

A physiotherapist from Brazil seeking EB-2 with national interest waiver. The AAO found the applicant satisfied only one of six exceptional ability criteria and was categorically ineligible for EB-2. The proposed endeavor met substantial merit but not national importance; appeal dismissed on multiple independent grounds.

An orthopedic and trauma physician sought EB-2 classification with national interest waiver for teaching and treating patients. The AAO found the endeavor had substantial merit but lacked national importance because it would not broadly impact the medical field beyond his immediate students and patients.

Psychoanalyst sought EB-2 advanced degree classification with national interest waiver to provide counseling services through her own clinic. Director found advanced degree qualification but denied waiver. AAO affirmed, holding proposed endeavor lacked national importance; specific counseling services would not impact field broadly or generate substantial economic effects beyond individual clients.

Physical therapist sought NIW for mobile therapy clinic serving underserved patients. Petitioner claimed national importance based on serving low-income areas and future staffing plans. AAO dismissed, finding proposed local clinic lacks national or global implications; employment projections insufficient.

Dentist and entrepreneur seeking NIW for planned dental practice providing seven service categories. Claimed endeavor has substantial merit as healthcare service but lacks national importance; scope limited to individual patients without demonstrable broader industry impact. Appeal dismissed.

A hospice employer petitioned for a healthcare management specialist to develop a management system for hospice care. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance because the petitioner failed to demonstrate how the work would impact the field broadly or produce substantial economic effects beyond limited patient populations.

Clinical and counseling psychologist sought NIW for EB-2 advanced degree classification. Petitioner claimed substantial merit and national importance of providing psychological services and treatment through business. AAO held endeavor lacked national importance; business revenue and job projections did not demonstrate substantial positive economic effects or broader field impact.

Dermatologist self-petitioner sought NIW for endeavor providing dermatology services emphasizing care for underserved and cancer patients. AAO found endeavor has substantial merit but lacks national importance; does not demonstrate broader field impact or significant economic effects required under Dhanasar first prong.

A nurse in Brazil sought EB-2 NIW to continue nursing career in U.S. hospitals. The AAO found the nursing endeavor had substantial merit but rejected the petition because the petitioner failed to show national importance. The work's impact remained limited to individual patients and institutions, lacking broader implications.

A physician entrepreneur sought EB-2 classification as an advanced degree professional and national interest waiver to advance a nonprofit promoting breastfeeding and healthy eating. The AAO affirmed denial because the proposed endeavor lacked national importance; vague research references and localized impact insufficient to meet Dhanasar framework.

Physician seeking NIW under EB-2 claiming medical practice and research in underserved areas. AAO found proposed endeavor lacks national importance; statistics about aggregate physician impact and pandemic response do not demonstrate petitioner's specific prospective impact on the field. Appeal dismissed.

Midwife proposing staffing company for pregnant women and newborn care. Qualified as advanced degree professional. AAO dismissed NIW denial because midwifery staffing lacks national importance; though valuable, business has no national economic impact, no advancement to healthcare field, and does not serve economically depressed areas.

Nurse auditor seeking EB-2 NIW. AAO affirmed director's finding that petitioner failed to establish endeavor's national importance; industry articles addressing occupational health importance generally, not petitioner's specific proposed endeavor, were insufficient.

Dentist with advanced degree sought EB-2 NIW for oral surgery and instruction work. AAO held the endeavor lacks national importance; while instructional work has substantial merit, it does not extend beyond individual trainees to impact dentistry field, public health, or the economy.

Entrepreneur with advanced degree seeks NIW for mental health clinic in Florida. Director found substantial merit but no national importance; clinic would impact patients and employees only, not industry or field broadly. Petitioner appealed with updated business plan but provided no evidence of economic impact at regional or national level. AAO affirmed; reserved opinion on second and third prongs.

A nurse sought EB-2 exceptional ability classification with national interest waiver. The AAO affirmed the service center denial, finding the petitioner did not establish a degree of expertise significantly above that ordinarily encountered. Since the underlying EB-2 qualification failed, the waiver analysis was unnecessary.

Physical therapist and entrepreneur proposed establishing a therapy and pilates clinic with focus on elderly and post-COVID care. AAO found substantial merit but held proposed clinic endeavor fails to demonstrate national importance, dismissing on first Dhanasar prong.

Nurse seeking NIW for employment as nurse. Did not satisfy initial EB-2 exceptional ability evidentiary requirements; failed to meet at least three regulatory criteria. Record does not establish national importance of proposed nursing endeavor. Appeal dismissed.

Nurse with advanced degree sought EB-2 NIW for clinical nursing role. AAO dismissed appeal because working as a clinical nurse lacks national importance; evidence about nursing shortage addressed field importance, not the specific endeavor's prospective impact. Business plan postdated filing.

Mental health nurse practitioner seeks EB-1A extraordinary ability classification. Claimed three evidentiary criteria: lesser awards, association membership, and original contributions. AAO dismissed, finding certifications do not constitute awards for excellence, no qualifying association memberships established, and insufficient evidence on original contributions after petitioner waived brief review.

Physical therapist seeking EB-2 classification with national interest waiver for clinical and consulting work in physical therapy. Claimed endeavor impacts national healthcare initiatives and involves educational outreach. AAO dismissed, finding individual patient care and general professional education, however beneficial, lack the broader implications, manufacturing breakthroughs, or medical advances demonstrating national importance under Dhanasar first prong.

Physician-researcher seeking EB-2 with national interest waiver initially proposed medical research, later shifted to clinic management. AAO affirmed dismissal: material change to proposed endeavor was impermissible; clinic provision of medical services lacks demonstrated broader impact on healthcare field or access.

A dental healthcare professional sought EB-2 classification with national interest waiver for orthodontic and 3D laboratory services. The AAO held she failed the first Dhanasar prong because evidence showed field merit but not national importance; her work lacked broader implications beyond her company and clientele.