Published AAO appeal decisions

Physical therapist seeking EB-2 NIW to practice physical therapy, focusing on low-income families with disabilities. AAO held DOL Schedule A designation of occupation does not establish national importance; localized benefits to specific individuals do not rise to required national importance level under Dhanasar.

Physical therapist seeking EB-2 with NIW to operate business providing therapy services. Claimed national importance based on profession shortage. AAO affirmed denial: shortage of practitioners does not establish national importance of specific endeavor; individual clinical practice lacks broader implications required by Dhanasar framework.

Dentist seeking NIW for EB-2 advanced degree classification to operate clinic in underserved region. Claimed endeavor addresses shortage of dental services and has economic benefits. AAO dismissed appeal, finding individual dental practice lacks national importance required by first Dhanasar prong.

A dental healthcare worker sought national interest waiver for EB-2 classification. AAO affirmed dismissal because petitioner failed to establish national importance of proposed dental practice. Expert letters addressing dentist shortage did not demonstrate specific endeavor would have broad impact on field or economy.

A gastroenterologist physician sought extraordinary ability classification, claiming nine criteria. The AAO left judging and scholarly articles undisturbed, found awards and original contributions not met and exhibitions inapplicable, and dismissed the appeal because acclaim and top-of-field standing were not shown.

A dentist sought EB-2 NIW classification. The AAO found the proposed dental clinic has substantial merit but lacks national importance because the work's impact would be limited to specific clinics and patients without advancing the dental field or creating significant economic benefits. Appeal dismissed.

Nuclear medicine technologist and medical physicist seeking NIW for EB-2 classification to pursue diagnostic medical physics residency and self-employment. AAO affirmed denial because petitioner failed to demonstrate national importance of proposed endeavor and that waiver would benefit the United States, though substantial merit was established.

Pharmacist seeking NIW for advanced-degree EB-2. Claimed telepharmacy and medication delivery innovation endeavor demonstrates substantial merit addressing health disparities. AAO found substantial merit established but rejected national importance of petitioner's specific endeavor versus general field importance. Appeal dismissed.

A dentist seeking EB-2 NIW as entrepreneur failed to establish five years progressive post-baccalaureate experience through employer letters and failed to submit required labor certification form. Appeal dismissed on independent alternative grounds without reaching NIW analysis.

A physical therapist sought EB-2 NIW. Qualified for underlying EB-2 as advanced degree professional. Claimed innovative rehabilitation methods and insoles but lacked objective documentation. Specific endeavor lacks national importance; general patient care does not reach necessary impact level.

Physician-researcher in urologic oncology with advanced degree seeks EB-2 national interest waiver. Claimed three Dhanasar prongs: substantial merit of clinical and research endeavor, personal positioning to advance it, and balance favoring waiver. AAO sustained appeal, finding all three prongs met based on clinical care contributions, research trajectory, and public health significance.

A nurse sought EB-2 classification with national interest waiver. The AAO affirmed that she lacked an advanced degree equivalent and failed to establish five years of progressive post-baccalaureate experience. As she did not qualify for the underlying EB-2 classification, the Dhanasar analysis was not reached.

Surgical technologist specialist sought EB-2 classification with national interest waiver. AAO found her proposed endeavor lacked substantial merit and national importance as required by Dhanasar; benefits were limited to specific patients and employer rather than advancing the field or nation broadly.

A pharmacist sought EB-2 classification with national interest waiver. AAO affirmed denial, finding the petitioner failed to establish national importance of providing pharmacy services to underserved populations. The decision held that individual patient care activities, while valuable, lack the broader field impact and substantial economic effects required.

Dentist sought EB-2 classification with national interest waiver. AAO dismissed the appeal because petitioner presented inconsistent and ambiguous descriptions of her proposed endeavor across multiple opportunities, failing to establish it sufficiently to analyze under any Dhanasar prong.

Urologist seeking EB-1A extraordinary ability classification. Petitioner claimed awards and published material criteria; Director found only judging and scholarly articles satisfied. AAO reversed on awards and published material, finding insufficient evidence of national recognition. Appeal dismissed because petitioner failed to establish either major award or three regulatory criteria.

Nurse sought NIW for EB-2 classification. She claimed her patient care and teaching endeavor had national importance based on her skills, knowledge and role in a rural community. AAO held the endeavor lacked national importance because benefits were limited to specific patients, students and workplace, not nursing field or healthcare industry broadly.

Self-petitioner, physician specializing in clinical and other medicine, sought EB-1A extraordinary ability classification. Met only two of ten criteria: scholarly articles and judging. Failed to demonstrate sustained national or international acclaim or recognition as top practitioner. Record shows accomplished but not extraordinarily able physician.

A pediatrician seeks NIW to open a pediatric medical clinic in Florida. AAO dismissed because the proposed endeavor, though in a meritorious field, lacks national importance; it does not establish prospective impact on pediatric practice broadly or substantial economic effect at the national level.

A dietician proposed a nutritional services and supplement business to address obesity. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance because its benefits would extend only to individual clients in a localized area, not broadly impact the field or economy.

Nurse with advanced degree sought EB-2 classification and national interest waiver. AAO dismissed appeal, finding that while nursing is substantially meritorious, petitioner failed to demonstrate her proposed endeavor has national importance because employment impact would not extend beyond her employer and patients to affect the field broadly.

Dentist seeking NIW for EB-2 exceptional ability classification. AAO dismissed appeal because petitioner failed to establish EB-2 qualification; satisfied only one of six required regulatory criteria for exceptional ability and waived appeal on remaining criteria issues.

Medical services provider with advanced degree sought NIW for EB-2 to provide CBD therapeutic education consulting. AAO held the proposed endeavor lacked national importance because it contained only generalized descriptions without sufficient documentation demonstrating specific prospective impact on healthcare or the broader economy.