Published AAO appeal decisions

Medical professional with nine years experience sought EB-2 national interest waiver for primary care and emergency work in shortage areas. AAO dismissed because petitioner failed to establish that the proposed endeavor has national importance beyond addressing general healthcare professional shortages.

Dentist with exceptional ability sought EB-2 NIW classification for specialized dental practice in aesthetics, prosthesis, and periodontics. AAO found her proposed endeavor, though meritorious, lacks national importance because it would not impact the dental field broadly or generate substantial economic effects beyond her individual practice.

An aircraft maintenance technician in aviation sought EB-2 exceptional ability and NIW. The AAO dismissed the appeal because the petitioner failed to satisfy at least three of six exceptional ability criteria, making NIW analysis unnecessary.

Nurse with advanced degree sought NIW waiver for EB-2 classification. Petitioner claimed her nursing work would impact healthcare system and address staffing shortages. AAO dismissed appeal, finding proposed endeavor lacked national importance because petitioner failed to establish how working as a nurse at unspecified facilities would benefit industry broadly.

Nurse seeking national interest waiver claimed her proposed nursing work has national importance. AAO found substantial merit in the nursing profession generally but held her specific endeavor lacks demonstrated national importance, failing the first Dhanasar prong.

An occupational health and safety specialist sought EB-2 classification with NIW. The AAO dismissed the appeal, finding the petitioner failed to establish national importance of her proposed endeavor because she did not demonstrate how her work would impact the field broadly or have prospective broader implications.

Physical therapist from Costa Rica sought EB-2 NIW. AAO held the endeavor lacked national importance because the petitioner relied on past accomplishments and general field importance rather than demonstrating prospective impact of a specific proposed endeavor.

Veterinary dentist sought EB-2 NIW as exceptional ability professional. AAO dismissed after affirming director's finding that petitioner lacks required U.S. doctoral or foreign equivalent degree and failed final merits determination for exceptional ability.

A registered nurse sought EB-2 NIW to work and train nurses in Florida while pursuing a doctoral degree in nursing practice. The AAO dismissed the appeal because the petitioner failed to demonstrate that her work would have national importance beyond benefiting her individual patients and trainees.

A social worker sought EB-2 classification with national interest waiver. The AAO found she qualified as an advanced degree professional but failed the first Dhanasar prong because her endeavor lacked sufficient national importance; providing social work services without broader field-wide implications was insufficient.

Physical therapist with advanced degree applied for EB-2 with NIW under Dhanasar. Director and AAO found venture has substantial merit but lacks national importance; specific endeavor not demonstrated to have implications beyond own business operations or broad advancements to healthcare field.

Nursing and home healthcare entrepreneur sought NIW under EB-2. Claimed substantial merit and national importance via franchising, telemedicine, and research partnerships serving diverse populations. AAO found substantial merit but rejected national importance, concluding proposed endeavor lacks documented broader impact on industry beyond petitioner's direct clients.

Self-petitioner exercise physiologist seeks national interest waiver for proposed work in adaptive physical education, preventive activity, and weight loss services. AAO held proposed endeavor lacked national importance under Dhanasar first prong because it offered no broader implications beyond applicant's services, thus failing NIW eligibility despite substantial merit.

Speech therapist and healthcare entrepreneur sought EB-2 with national interest waiver for home healthcare services company. AAO found underlying advanced degree qualification met but denied waiver because proposed endeavor lacked national importance; general healthcare worker shortage and projected economic benefits insufficient without demonstrating broader field impact.

Business owner claimed national interest waiver for EB-2 healthcare software platform. AAO held evidence did not sufficiently demonstrate prospective national importance because although the field was important, the specific endeavor lacked direct connection to claimed broad healthcare industry impacts.

An occupational health and safety expert seeks an NIW for EB-2 classification through her own consulting company providing OSHA training. The AAO affirmed that her proposed endeavor, while having substantial merit, lacks national importance because the record shows no impact beyond her company and its clients affecting the field, industry, or societal welfare.

A nutritionist-entrepreneur sought EB-2 classification with NIW, claiming national importance for her proposed telehealth nutrition platform. The AAO dismissed, finding her endeavor lacked national importance despite substantial merit, as benefits extended only to individual clients without broader implications for the nutrition field.

A pediatric dentist and dental director sought EB-2 with NIW. The AAO found she qualified for EB-2 as holding an advanced degree but failed to demonstrate her proposed dental work has national importance, as required by the first Dhanasar prong. Benefits were limited to her employer and patients, without advancing pediatric dentistry broadly.

Dentist sought EB-2 advanced degree classification and NIW for dental support organization services. AAO affirmed denial because proposed endeavor lacked national importance; evidence showed only local clinic impact, not broader field or economic implications required by Dhanasar.

A physician sought NIW for a healthcare services endeavor in Florida. AAO affirmed dismissal because the proposed endeavor lacked substantial merit; vague business plan and voluntary dissolution of the business entity undermined credibility and long-term viability of the specific endeavor.

Pharmacist and entrepreneur sought EB-2 with national interest waiver to develop wellness business and compounding pharmacy. AAO affirmed denial, finding proposed endeavor failed to demonstrate national importance under Dhanasar; business plan showed growth potential but no evidence of substantial positive economic effects or broader field impact.

A dentist sought EB-2 NIW to operate a dental clinic with training programs. On motion to reopen, the AAO found she failed all three Dhanasar prongs: no national importance, not well positioned to advance the endeavor, and no net benefit to the United States from waiver.

A nurse with over ten years of experience sought EB-2 classification with national interest waiver for providing nursing services and teaching. The AAO found substantial merit but dismissed because the proposed endeavor lacks national importance; individual patient care and teaching do not impact the field broadly.

Physical therapist with five years experience proposes return-to-work programs addressing chronic illness and opioid epidemic public health impacts. Claimed national importance from field-level contributions and broader societal welfare. AAO affirmed denial: work limited to individual patient treatment lacks evidence of broader field impact or economic effects at national importance level.

A surgeon in aesthetic medicine sought NIW with advanced degree classification. AAO found the proposed endeavor in aesthetic medicine has substantial merit but lacks national importance because it would only serve individual patients without broader implications for the field or healthcare sector.