Published AAO appeal decisions

Medical and healthcare manager with MD degree seeking national interest waiver for proposed sports medicine clinic in Florida, New Jersey, and California. AAO dismissed because proposed endeavor, though having substantial merit, lacked national importance; personal credentials and experience relate to second prong, not first prong national importance requirement.

Orthopedic and traumatology physician sought EB-1A extraordinary ability classification. AAO affirmed denial: petitioner satisfied judging and scholarly articles criteria but failed to satisfy three total criteria; published materials discussed medical topics rather than petitioner's work; lacked sustained national or international acclaim.

Physician and obstetrics-gynecology professor sought EB-2 NIW for academic research and teaching at U.S. university. AAO affirmed denial, finding proposed teaching activities lacked national importance despite substantial merit; research showed potential impact but teaching was limited to students and employer, not field-broad implications required by Dhanasar.

Nurse with advanced degree sought NIW as self-petitioner to advance healthcare work. AAO dismissed appeal, finding petitioner qualifies for EB-2 classification but lacks national importance for proposed endeavor since specific venture would not significantly affect U.S. healthcare field or economy nationally.

Self-petitioner quality assurance officer sought EB-2 NIW for healthcare quality improvement work in United States. AAO dismissed appeal because proposed endeavor was vague, lacking specific plans or probative evidence of national importance; letters of support did not adequately detail the specific work or its impact on the healthcare field.

A physical therapist self-petitioner qualified as advanced degree professional but failed NIW. AAO held proposed physical therapy clinic lacked national importance because it would not extend beyond company clientele, despite field shortage, lacking broader implications on public health or economy.

A dentist sought EB-2 classification with national interest waiver. The AAO affirmed denial because although she qualified as an advanced degree professional, her proposed dental practice lacked national importance; work within a single practice or clinic did not impact the dental field broadly.

Veterinary assistant seeking NIW for self-employment opening veterinary clinic. Director found first Dhanasar prong met but AAO reversed, finding clinic lacks national importance and petitioner not well-positioned with insufficient planning, unclear location, and no progress documentation.

Physical therapist and entrepreneur sought NIW for EB-2 advanced degree classification to operate home health care company. Petitioner proposed employment in economically depressed areas. AAO dismissed because specific endeavor failed national importance requirement; field importance alone insufficient without demonstrated prospective economic impact or field advancement.

Registered nurse self-petitioner sought NIW for healthcare consulting and education business. AAO found endeavor has substantial merit but lacks national importance; acknowledged healthcare industry importance but held that petitioner's specific business impact does not extend beyond customers to broader nursing field.

Nurse with Brazilian degree and twelve years experience sought EB-2 advanced degree classification with national interest waiver for unspecified nursing position. Director found advanced degree qualification and substantial merit but denied waiver. AAO affirmed, distinguishing between healthcare field importance and petitioner's specific endeavor, which lacked demonstrated national health or economic implications.

Physiotherapist sought EB-2 NIW. Director found substantial merit and second prong established but national importance absent. Petitioner reiterated same evidence and arguments on appeal without new support. AAO affirmed national importance was not established; benefits limited to specific institution.

Dentist seeking NIW for EB-2 claimed her dental practice and advisory services have national importance. AAO held she provided inconsistent descriptions of her endeavor and failed to establish prospective impact at national level required for first Dhanasar prong.

Self-petitioner dentist sought EB-2 NIW based on proposed dental clinic practice. AAO found endeavor has substantial merit but not national importance. Business plan projections and general importance of dentistry do not establish that one dental clinic will have significant prospective impact beyond its own operations and patients.

A healthcare practitioner seeks EB-2 classification with a national interest waiver. The AAO affirmed denial, finding the petitioner materially changed the proposed endeavor in response to an RFE rather than clarifying the original one, and failed to establish the endeavor has substantial merit or national importance under Dhanasar.

A physical therapist with nineteen years experience sought EB-2 advanced degree classification and NIW. AAO dismissed appeal because petitioner impermissibly changed proposed endeavor and initial endeavor lacks national importance; benefits limited to her patients only.

Physical therapist and entrepreneur sought EB-2 with national interest waiver. Claimed endeavor had national importance due to field shortage and business expansion plans. AAO dismissed appeal, finding specific proposed endeavor lacked national importance; evidence addressed petitioner's credentials rather than endeavor's prospective impact.

Exercise physiologist sought EB-2 with national interest waiver for wellness company. Claimed professional importance and patient testimonials. AAO dismissed appeal, finding petitioner failed to demonstrate endeavor's national importance; publications addressed profession generally not specific endeavor; patient letters and credentials showed limited impact.

Mental health counselor with advanced degree sought NIW for independent practice. Petitioner argued field importance and her expertise; AAO affirmed denial because proposed solo practice lacked national importance, operating only at individual patient level without business plan, projections, or broader regional or national impact.

Physical therapist and entrepreneur seeking EB-2 NIW to develop and operate physical therapy clinic in Florida with expansion plans. Petitioner submitted business plan claiming national importance through job creation and economic impact. AAO dismissed appeal, finding petitioner failed to establish national importance of specific endeavor and was not well positioned to advance it.

Pharmacist seeks EB-2 NIW to work in clinics treating elderly patients with comorbidities. AAO held endeavor lacks national importance; treating specific populations in particular settings does not constitute national-level impact regardless of occupational shortage or industry importance.

Nurse seeking EB-2 with NIW claimed her elderly care work would benefit the United States. AAO affirmed denial, finding her proposed endeavor lacked national importance under Dhanasar; specific work in one healthcare setting did not demonstrate field-wide impact.

A physician sought an EB-2 national interest waiver to avoid labor certification for a proposed business venture. The AAO dismissed the appeal, finding the business plan lacked sufficient documentation of national importance, containing only local or company-specific impact without evidence of broader economic or field advancement.

Physical therapist with advanced degree sought national interest waiver for EB-2. AAO found the proposed endeavor lacks demonstrated national importance and applicant failed to show she is well-positioned to advance it. Appeal dismissed.

Physical therapist sought EB-2 with national interest waiver. AAO held proposed endeavor lacked national importance; petitioner materially changed her endeavor between initial filing and RFE response, and field shortage does not establish national importance under Dhanasar framework.