Published AAO appeal decisions

A physician proposing to open a primary care clinic and research institute claimed national interest waiver eligibility. The AAO dismissed the appeal, finding the endeavor lacked national importance; projected economic benefits (21 jobs, $900,727 in taxes) were insufficient and research details too vague to establish impact beyond local clientele.

A nurse seeking EB-2 with national interest waiver to operate a home health care business. Claimed endeavor would address nursing shortages and healthcare crisis. AAO dismissed, finding the specific endeavor lacked national importance and petitioner was not well-positioned to advance it due to inadequate funding demonstration.

Home health aide with foreign degree in biology and entomology sought EB-2 advanced degree classification and NIW. AAO affirmed denial: degree unrelated to specialty, insufficient progressive experience, and proposed endeavor lacks national importance beyond community scope.

Medical assistant with advanced degree sought EB-2 national interest waiver. AAO dismissed appeal on independent grounds: medical assistant position does not meet the statutory definition of profession; additionally, proposed endeavor lacked national importance as it would not impact medical field broadly.

Experienced massage therapist seeks NIW for exceptional ability. AAO affirmed Director's denial finding proposed massage therapy business lacks national importance, as claimed economic benefits and field importance do not demonstrate specific endeavor's prospective impact beyond individual clients.

A home health aide seeking NIW for EB-2 classification claims her business addresses healthcare shortage and benefits the economy. The AAO found substantial merit but rejected national importance, holding her specific endeavor lacks broad impact on the field or economy required by Dhanasar.

Dental surgeon entrepreneur seeks EB-2 classification with national interest waiver for dental practice. AAO affirmed denial, finding petitioner qualified for EB-2 as advanced degree professional and was well-positioned to advance endeavor, but failed to establish national importance required by Dhanasar first prong.

Audiologist seeks EB-2 with national interest waiver. Claimed endeavor addressing hearing loss has national importance aligned with federal initiatives. AAO held field importance insufficient; specific endeavor is direct clinical service without demonstrated broader implications, speculation about future research lacks probative value for Dhanasar analysis.

A physician seeking EB-2 with national interest waiver claimed ability to provide integrative medical services to underserved populations. The AAO dismissed the appeal, finding the proposed endeavor lacked sufficient specificity and did not demonstrate national importance, as it appeared to describe general medical practice without explaining a distinct, nationally significant undertaking.

A pharmaceutical chemist self-petitioner sought EB-2 national interest waiver for a pharmacotherapeutic monitoring endeavor. The AAO dismissed the appeal, finding substantial merit but no national importance: evidence did not show how the proposed work would extend beyond direct patients to impact the field or have prospective broader implications.

Psychologist seeking EB-2 with national interest waiver. Director found proposed endeavor had substantial merit but petitioner failed to establish national importance. Appeal dismissed; AAO affirmed national importance finding without reaching remaining Dhanasar prongs.

A dentistry specialist seeks a national interest waiver to open a dental clinic and train clinicians, claiming to address dental care shortages. The AAO dismissed the appeal, finding the proposed endeavor lacks national importance because it does not demonstrate broader implications or significant job creation at a national level.

Nursing professional with bachelor's degree sought EB-2 NIW as nurse practitioner. AAO dismissed appeal, finding petitioner failed to establish five years of progressive post-baccalaureate experience as nurse practitioner; thus ineligible for underlying EB-2 and NIW not reached.

Physical therapist and aesthetician sought EB-2 exceptional ability with NIW. AAO dismissed because petitioner failed to meet three of six evidentiary categories: no ten years full-time employment documentation from employers, no salary evidence, no recognition for achievements. Ineligible for underlying EB-2 classification.

Entrepreneur in aesthetic and cosmetic nursing seeking NIW for EB-2. Claimed her proposed clinic would have national importance and benefit U.S. healthcare. AAO held endeavor lacks national importance because it benefits only her clinic patients, not the field broadly, and business plan lacks sufficient evidence of broader impact.

Medical technologist seeking NIW for diagnostic testing quality control work. Claimed endeavor has national importance due to field significance and pandemic impact. AAO held endeavor has substantial merit but lacks national importance; petitioner confused field importance with specific endeavor impact and provided no evidence of broader implications.

A nurse assistant sought EB-2 national interest waiver. The AAO affirmed denial, concluding the proposed endeavor lacked national importance. While the healthcare field is important, the applicant's specific endeavor—working as a single nurse assistant—does not meet the required prospective national impact standard.

Nurse practitioner specializing in hospital infection control sought EB-2 with national interest waiver. Qualified as advanced degree professional but failed first Dhanasar prong. Proposed endeavor lacks national importance; standard clinical nursing work lacks broader implications or demonstrable substantial economic impact.

Organ transplant coordinator with master's degree sought EB-2 advanced degree and national interest waiver to work on transplant teams. AAO found substantial merit in proposed endeavor but no national importance; individual transplant coordination role lacks broader prospective impact required.

Nutritionist with advanced degree sought NIW under EB-2 to establish nutritional consulting company providing specialized services. AAO dismissed, finding the proposed endeavor has substantial merit but lacks the national importance required by Dhanasar's first prong, declining to address remaining prongs.

Pharmacist seeking NIW claimed his endeavor of providing patient counseling, education, and pharmacy management has national importance. AAO held the endeavor has merit but lacks national importance because it does not demonstrate broader implications extending beyond individual patients or employers.

Dental surgeon and entrepreneur petitioned for NIW to operate oral health clinics in underserved regions. Claimed all three Dhanasar prongs including job creation and dentist shortage benefits. AAO found endeavor lacks national importance; dentist shortage and general economic activity insufficient, and dismissed without addressing remaining prongs.

Dentist holding advanced degree equivalent sought national interest waiver. Director found substantial merit and second prong satisfied but denied on lack of national importance. Petitioner provided insufficient details about proposed clinical practice and nonprofit programs to establish national importance. Appeal dismissed.

Speech-language pathologist holding foreign bachelor's degree equivalent sought national interest waiver. Did not establish five years progressive experience for advanced degree professional status. Proposed endeavor providing patient care lacked national importance as it would impact only direct clients. Appeal dismissed.

Dentist qualified as EB-2 advanced degree professional but sought national interest waiver. AAO dismissed appeal, finding her proposed endeavor to practice dentistry lacked national importance; individual dental practice benefits patients and employer but lacks broader national prospective impact.