Published AAO appeal decisions

Optometrist specialist and entrepreneur sought EB-2 classification and waiver to establish clinics in underserved areas and conduct optometry research. AAO dismissed appeal finding endeavor lacks national importance and petitioner failed to demonstrate being well-positioned through business ownership evidence or progress toward goals.

An entrepreneur with a physical therapy business sought EB-2 NIW claiming her online company would generate substantial economic effects and contribute to field development. The AAO dismissed, finding generalized assertions about economic growth lacked direct evidentiary connection to the specific proposed endeavor's prospective impact.

A psychologist seeking EB-2 advanced degree professional classification and national interest waiver for a private psychotherapy practice. The AAO affirmed the director's denial of the combined motions to reopen and reconsider, and affirmed that the proposed private practice lacked national importance under Dhanasar's first prong.

A physiotherapist seeking EB-2 NIW classification claimed advanced degree and five years post-baccalaureate experience. The AAO dismissed the appeal, finding willful misrepresentation: inconsistent statements about education and work experience contradicted prior visa proceedings, and petitioner did not respond to notice of intent to dismiss.

Dentist entrepreneur operating dental clinic seeking EB-2 advanced degree with national interest waiver. AAO affirmed denial, holding proposed endeavor lacks national importance because operating one clinic does not demonstrate significant potential to employ U.S. workers or impact dentistry field broadly.

A Brazilian dentist proposing to open a dental clinic claimed a national interest waiver, citing access to dental care, professional shortage, and research integration. The AAO found the endeavor had substantial merit but lacked national importance because benefits would be limited to the petitioner's clients and employees without broader field impact.

Nonprofit mental health provider petitioned for medical director beneficiary as EB-1A extraordinary ability. Beneficiary met high salary criterion only; judging and other criteria failed. AAO found that routine job duties reviewing others' work do not satisfy judging requirement and overall evidence lacks sustained national or international acclaim.

Clinical and counseling psychologist claiming EB-2 advanced degree with national interest waiver. AAO affirmed denial, holding applicant failed to demonstrate by preponderance of evidence that she is well positioned to advance proposed endeavor under Dhanasar second prong, making waiver ineligible.

A board-certified gastroenterologist with 22 years of experience sought extraordinary ability classification. The AAO found he met only two of ten criteria. The appeal was dismissed because he failed to meet the three-criterion threshold required for initial eligibility.

A healthcare professional sought NIW for a proposed homecare company in Montana under Dhanasar. Although qualified for EB-2 with advanced degree, the AAO affirmed the director's finding that her company lacked national importance. Providing quality homecare, though valuable, does not show substantial positive economic effects or national scope.

A clinical nurse specialist proposed home healthcare business citing national nursing shortage and claiming ripple effects on U.S. healthcare. The AAO held that field importance does not establish national importance of the specific endeavor; her proposed company would lack substantial economic impact beyond regional or company-level operations.

Physician in fetal medicine/OB-GYN seeking NIW for EB-2. Claimed national importance through field importance articles and AMA economic impact study. AAO dismissed, finding physician failed to demonstrate national importance of specific endeavor or improvements over existing methodologies.

A dentist seeking EB-2 NIW to provide dental services in underserved rural communities claimed her business model addresses a shortage. AAO held that while the endeavor has substantial merit and she is well positioned to advance it, national importance is not established.

Nurse proposed healthcare startup for elderly and sought EB-2 NIW. AAO dismissed because petitioner lacked required advanced degree and failed exceptional ability criteria, and proposed endeavor lacked national importance under Dhanasar framework.

An obstetric nurse sought EB-2 NIW status to operate a doula and midwifery practice. The AAO found her advanced degree qualification was established but the proposed endeavor lacked national importance under Dhanasar because her work would only benefit direct clients, not the field broadly, and her stated innovations were too vague.

A nutritionist sought EB-2 national interest waiver for clinical pediatric nutrition work. The Director found the underlying EB-2 qualification established. The AAO affirmed that the proposed endeavor lacked national importance under Dhanasar prong one, requiring prospective impact beyond specific employers and patients.

A physician and healthcare management professional sought EB-2 classification with a national interest waiver to open a healthcare company targeting the Latino community. The AAO held the proposed endeavor lacked national importance because it would benefit only direct clients, not the healthcare industry or economy broadly.

An entrepreneur with kinesiology background sought EB-2 NIW classification to provide rural healthcare services. The AAO affirmed the director's finding that the endeavor lacks national importance under the first Dhanasar prong. Second and third prongs were not reached. Appeal dismissed.

A dental surgeon sought EB-2 classification with national interest waiver for a dental health and wellness business. The AAO dismissed the appeal, finding the proposed endeavor lacked evidence of substantial merit and national importance under Dhanasar; articles about the industry did not demonstrate the specific business would impact the field broadly.

A physical therapist with advanced degree sought EB-2 NIW to establish a home health care company in Florida. The AAO dismissed because the proposed endeavor lacked national importance despite industry labor shortage; mere field shortages cannot establish national significance.

Physical therapist and entrepreneur sought EB-2 with national interest waiver to establish her own practice providing wellness services. AAO affirmed denial, finding her proposed endeavor lacked the national importance required under Dhanasar's first prong, as it had only local economic implications without broader field impact.

A nurse with advanced degree seeks EB-2 classification and national interest waiver to establish a home health care business. The AAO dismissed the appeal, agreeing the petitioner demonstrated substantial merit but failed to show national importance or broader field impact required under Dhanasar.

Nurse self-petitioner claiming national interest waiver under EB-2 exceptional ability. The AAO agreed the petitioner established substantial merit of nursing training work but dismissed, finding insufficient evidence of national importance; evidence addressed field importance generally, not the specific endeavor's broader implications.

A nutritionist sought NIW to work in hospital nutrition services. AAO affirmed dismissal because the proposed endeavor lacked national importance; generalized job creation projections and evidence focused on nutrition field importance rather than the specific endeavor's prospective impact.

A dental field professional sought EB-2 NIW classification. The AAO dismissed the appeal because the petitioner inconsistently described their proposed endeavor between the initial petition and RFE response, making it impossible to assess whether the endeavor had substantial merit and national importance, which is required under the first Dhanasar prong.