Published AAO appeal decisions

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.

Nutritionist seeking NIW with advanced degree. Petitioner materially changed proposed endeavor between filing and RFE response, shifting focus and field; inconsistent information prevented conclusion that she meets first or second Dhanasar prong.

Nurse sought EB-2 national interest waiver. AAO dismissed appeal, finding proposed endeavor lacks national importance under first Dhanasar prong; work impacts specific patients and workplace but not the nursing field or U.S. healthcare industry broadly.

A medical consultant and former hospital department director in China claimed extraordinary ability through publications, citations, and peer review. The AAO found she met only two of ten criteria and dismissed the appeal, concluding her work did not demonstrate the sustained national or international acclaim required for extraordinary ability classification.

Nursing coordinator sought EB-2 national interest waiver. Petitioner claimed expertise in nursing coordination and healthcare management benefiting hospitals and patients. AAO found the specific endeavor lacked national importance, affecting only the employer and patients, not the broader field or economy as required.

A surgical ophthalmologist sought extraordinary ability classification, initially claiming seven criteria. The director accepted judging and scholarly articles. The AAO agreed on judging, found the award and original contributions claims unproven, treated membership and salary as waived, and concluded the evidence did not show sustained acclaim, dismissing the appeal.

A cardiovascular diseases fellow sought extraordinary ability classification. He met judging and scholarly articles criteria but failed to establish three criteria minimum. His original contributions lacked demonstrated major significance despite publications and citations; his leading role claims lacked specificity. Appeal dismissed for insufficient evidence of top-tier acclaim.

Acupotomy researcher and clinician seeking NIW under EB-2 for proposed clinical work. Qualifies as individual of exceptional ability. AAO held endeavor has substantial merit but lacks national importance because impact is limited to specific patients and locations without demonstrated broader implications for healthcare field or quality of life broadly.

An oriental medicine practitioner sought national interest waiver but was first denied advanced degree eligibility due to inability to prove five years progressive experience or operating clinic. AAO affirmed, finding the proposed oriental medicine endeavor lacked national importance and no Dhanasar prong satisfied.

A nurse with advanced training and teaching experience sought a national interest waiver for EB-2 classification. She met the advanced degree requirement but failed the NIW test because her proposed work lacked demonstrated national importance and specific prospective impact beyond local patient care and student education.

A nephrologist with board certification seeks EB-1A extraordinary ability classification. He claimed three evidentiary criteria: judging, scholarly articles, and critical role. The AAO sustained the appeal, finding he met three initial criteria and demonstrating sustained national acclaim as a leading expert with a career of acclaimed work, qualifying him for extraordinary ability.

A physical therapist sought EB-2 classification with national interest waiver. AAO dismissed because the petitioner failed to establish five years of progressive post-baccalaureate experience in physical therapy required for an advanced degree equivalency, making further analysis unnecessary.

A direct care worker seeks EB-2 exceptional ability classification and NIW. The AAO dismissed, finding she failed to meet three of six regulatory criteria for exceptional ability; official academic records lacked required documentation, employment history insufficient, and recognition letters did not demonstrate significant contributions. NIW not addressed.

Registered nurse and nursing instructor applied for NIW under EB-2. Petitioner had advanced degree and proposed work in gerontological nursing and research. AAO found substantial merit but no national importance; nursing work would not impact field broadly, and research plans lacked sufficient detail and evidence of original innovations or wider implications.

Dentist sought EB-2 with national interest waiver. Qualified as advanced degree professional but failed Dhanasar test: proposed dental work benefited only immediate patients and employer, lacking broader implications for U.S. workers or substantial economic effects required for national importance.

A dentist and orthodontist with MBA sought NIW for EB-2. AAO dismissed because petitioner lacked a U.S. DDS/DMD or foreign equivalent degree required by regulation, and proposed dental practice lacks national importance under Dhanasar.

Gastroenterologist sought national interest waiver for EB-2 classification. Petitioner established substantial merit and national importance of proposed research endeavor but failed to demonstrate he was well positioned to advance it through sufficient record of success, impact, or progress. Appeal dismissed.

A dentist trained in Brazil sought EB-2 classification as an advanced degree professional with a national interest waiver. The AAO withdrew the finding that the foreign degree was equivalent to a US doctorate and found the petitioner not well positioned to advance the endeavor because he lacked US licensure and was working as a dental assistant. Worker shortage alone does not support a waiver.

A neurosurgeon and researcher seeking NIW claimed he would conduct research and provide patient care. The AAO dismissed the appeal, finding his proposed endeavor lacked specificity and failed to demonstrate national importance. His future work would not impact the neurological field broadly.