Published AAO appeal decisions

Physical therapist sought NIW for EB-2 classification. Proposed clinical work treating patients with functional and cardiorespiratory disorders in healthcare facility. AAO disagreed with director on identifying proposed endeavor but affirmed no national importance shown; benefits confined to individual patients, lacking broader field implications. Matter remanded.

Psychiatric nurse practitioner sought EB-2 national interest waiver. AAO found he qualified for advanced degree classification but dismissed the NIW appeal because the proposed endeavor lacked national importance, affecting only individual patients rather than the field broadly.

Audiologist and speech pathologist with 13 years experience claimed three Dhanasar prongs for NIW. AAO dismissed appeal, finding her specific proposed endeavor of providing clinical services lacks national importance because it lacks broader field implications and substantial economic effects beyond individual patients.

Physical therapist assistant sought EB-2 exceptional ability classification and NIW. Director approved exceptional ability; AAO withdrew that finding and found petitioner did not qualify for underlying EB-2 classification due to insufficient evidence of degree equivalency and continuous professional licensure, rendering NIW analysis unnecessary.

Dentist sought EB-2 with national interest waiver. Director found advanced degree qualification and substantial merit but denied waiver, finding no national importance. AAO affirmed, holding dental practice activities benefit only immediate patients and employer, lacking broader field implications.

Mental health organization petitioned for group facilitator and case manager claiming three Dhanasar prongs. AAO dismissed, finding record does not establish national importance because benefits appear limited to individual clients without broader field or regional economic implications beyond individual treatment.

Healthcare professional with advanced degree sought NIW for dental, nutrition, and home healthcare services. AAO dismissed appeal, finding no sufficient evidence that proposed endeavor has national importance, substantial positive economic effects, or significant job creation potential.

A nutritionist with advanced degree sought a national interest waiver. The AAO found her proposed work providing general nutrition consulting lacks national importance under Dhanasar, as it does not impact the broader field or create substantial U.S. economic benefits.

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.

A nutritionist employed by a state health department on federally funded WIC programs sought a national interest waiver. The AAO found her proposed work lacked national importance because it affected only direct clients, did not advance the nutrition field broadly, and showed no substantial economic effects, dismissing the appeal under Dhanasar's first prong.

An individual claiming advanced degree status as a physician sought an EB-2 national interest waiver. The AAO found insufficient evidence of medical licensure in the United States and noted material inconsistencies in the proposed endeavor, changing from physician to epidemiologist between filing and responses, preventing clear Dhanasar analysis.

A cardiologist and director seeking NIW under EB-2 claimed substantial merit and national importance for clinical work, teaching, and leadership. AAO found substantial merit but not national importance; clinical impact limited to individual workplace. Petitioner also failed to demonstrate being well positioned to advance endeavor.

A dental surgeon with advanced degree sought EB-2 classification and national interest waiver. While qualified as advanced degree professional, the AAO agreed with the Director that the proposed endeavor lacked national importance under the first Dhanasar prong because the offered administrative position was unrelated to dental research and expansion plans lacked documented national economic impact.

A physician seeking EB-2 classification with NIW qualification proposed medical research combined with clinical practice. The AAO dismissed because the petitioner failed the first Dhanasar prong: the proposed endeavor lacked sufficient national importance, with vague research intentions and minimal documentation insufficient to distinguish from ordinary practice.

Physical therapist entrepreneur qualified for advanced degree classification but sought national interest waiver. AAO found proposed endeavor lacked national importance; projected employment of 10-14 workers and local benefits insufficient; shortage in field does not establish national importance.

An anesthesiologist and professor claimed extraordinary ability under five EB-1A criteria. The AAO affirmed that she met judging and scholarly articles criteria but found she did not meet membership or original contributions criteria. With only two criteria met, the petitioner fell short of the required three, and the appeal was dismissed.

Senior research associate with advanced degree in medical data statistics sought NIW for EB-2. AAO dismissed appeal, finding proposed research had national importance but petitioner failed to demonstrate being well positioned to advance it despite citations and peer review work.

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.

A reconstructive surgeon sought NIW under EB-2 for proposed clinical and surgical practice. AAO dismissed the appeal, finding the proposed endeavor has substantial merit but lacks national importance because petitioner failed to demonstrate broader field impact or significant economic benefits beyond individual geographic areas.

Clinical research coordinator sought national interest waiver for EB-2. AAO dismissed because petitioner provided inconsistent descriptions of her proposed endeavor between initial and amended filings, preventing determination of whether the endeavor had substantial merit and national importance.

A physical therapist sought EB-2 classification as an advanced degree professional or exceptional ability individual, with a national interest waiver. The AAO held she met neither underlying classification because of insufficient qualifying experience and unchallenged findings on the regulatory criteria, so the waiver question was moot. The appeal was dismissed.

Medical scientist in dentistry with advanced degree sought NIW for dental services, clinical research, and clinic management. AAO dismissed appeal, finding proposed endeavor lacked national importance and detailed research plan, limiting impact to patients and students rather than the broader field.

An anesthesiologist sought EB-2 classification with national interest waiver. Although qualified as advanced degree professional, the AAO summarily dismissed the appeal because petitioner failed to address the Director's findings on two dispositive Dhanasar prongs: national importance and balancing analysis, leaving these conclusions uncontested.

Radiology clinic employer sponsored beneficiary with Ph.D. in biochemistry and M.D. in radiology. Claimed membership, original contributions, and scholarly articles criteria. AAO found only scholarly articles met; memberships insufficient and prior research predated medical training. Appeal dismissed as petitioner failed to establish three criteria required for extraordinary ability classification.

An academic medical center petitioned for a critical care physician beneficiary. The service center found initial criteria met but denied based on final merits. The AAO affirmed, finding insufficient evidence of sustained national or international acclaim despite publications and professional memberships, characterizing the beneficiary as diligent rather than exceptional.