Published AAO appeal decisions

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.

Radiologist seeks NIW for EB-2. Proposed establishing radiology consultancy providing affordable services in underserved and shortage areas. AAO held proposed endeavor lacks national importance because it focuses on petitioner's execution rather than endeavor's prospective impact, and letters emphasized past work rather than broader implications.

A nutritionist sought an EB-2 national interest waiver to practice without a job offer, claiming their work would reduce diet-related disease and improve public health. The AAO dismissed the appeal, finding the proposed endeavor lacked the national importance required under Dhanasar's first prong, as general industry importance and broad assertions without specific evidence of prospective impact do not suffice.

A physical therapist sought EB-2 classification with national interest waiver to provide specialized neurology and education services. The AAO affirmed EB-2 eligibility but dismissed the appeal, finding the proposed endeavor lacked national importance despite healthcare field importance, as it would not broadly impact the field or create substantial economic effects.

Nurse with advanced degree seeks national interest waiver to provide nursing care and train future nurses. AAO found proposed endeavor has substantial merit but lacks national importance. Training commitment insufficient; work impacts only employer and patients, not nursing field or economy more broadly.

Animal health specialist seeking EB-2 NIW for emotional support animal practice. Petitioner established advanced degree and substantial merit but failed to demonstrate national importance of proposed endeavor, showing only company-level rather than field-wide impact.

Radiologist and CEO of proposed radiology clinic filed for EB-2 national interest waiver. AAO withdrew Director's determination that endeavor was unrelated to advanced degree, confirming EB-2 eligibility, but dismissed appeal because clinic lacks national importance; clinical practice serving patients and training resident radiologists does not demonstrate sufficient prospective impact under Dhanasar.

A physical therapist sought an EB-2 national interest waiver to start a private clinic employing ten workers and addressing professional shortages. The AAO dismissed the appeal, holding that a local business, despite hiring U.S. workers and operating in a profession with labor shortages, lacks the national importance required under Dhanasar because the endeavor's impact does not extend beyond its client base.

A dentist with an advanced degree sought NIW for EB-2 classification based on her proposed endeavor of providing dental care and community oral hygiene education. The AAO agreed with the director that she failed to establish national importance of her specific proposed endeavor. Appeal dismissed.

A veterinarian sought EB-2 classification with NIW for a mobile veterinary services business. The AAO dismissed, finding the proposed endeavor lacked national importance despite qualifying as exceptional ability, as benefits were limited to individual clients without broader implications for the veterinary profession.

A dental assistant sought EB-2 NIW to establish a cooperative offering training programs and employment placement for dental assistants. The AAO affirmed dismissal because the proposed endeavor lacked national importance: the training was readily available in the U.S. with no broader industry implications, and projected economic impact was client-specific only.

Nurse technician and wellness spa entrepreneur sought EB-2 exceptional ability classification with national interest waiver. AAO affirmed denial, finding petitioner met only one of six regulatory criteria for exceptional ability, failing to establish underlying EB-2 eligibility; therefore national interest waiver not reached.