Published AAO appeal decisions

A pediatric cardiologist seeks EB-1A extraordinary ability classification. SCOPS found only two criteria met; AAO reversed on published material, establishing three criteria. The threshold satisfied, AAO remands for final merits determination evaluating sustained national or international acclaim and whether petitioner ranks among the very top in the field.

A resident physician with a bachelor of medicine degree sought NIW for EB-2. The AAO reversed the service center's denial of underlying EB-2 eligibility and remanded for proper analysis of national interest waiver under Dhanasar, finding the service center failed to provide meaningful reasoning.

Clinical director in implant dentistry petitioner claimed five criteria; service center found only one met. AAO found beneficiary also met judging and critical role criteria on de novo review. Case remanded for final merits determination assessing whether sustained acclaim and top-tier status demonstrated.

Cardiologist sought EB-1A extraordinary ability classification. Petitioner claimed five criteria; service center found two met. AAO added high salary criterion, reaching three total, then remanded for final merits analysis of whether petitioner demonstrates sustained acclaim and top-of-field status.

Healthcare company petitioned for registered nurse as EB-3 skilled worker. AAO remanded because the record lacked regulatorily required audited financial statements evidencing ability to pay the proffered wage in the petition priority year 2024, and to clarify which entity would employ the beneficiary.

A physician in general practice and aesthetics sought national interest waiver for EB-2 medical research endeavor. The AAO remanded because the petitioner's proposed endeavor changed materially from vague research to medical clinic franchise, and the Director did not analyze whether the specific endeavor had substantial merit and national importance.

Advanced cardiac imaging fellow sought NIW as EB-2 member of professions with advanced degree. Director found her qualified as advanced degree holder but denied NIW. AAO remanded, finding Director failed to properly analyze the three-prong Dhanasar framework, particularly the prospective impact of proposed research and her positioning to advance it.