Published AAO appeal decisions

Dental surgeon and prosthodontist seeking NIW. Claimed endeavor has broad healthcare system impact. AAO held proposed clinical work lacks national importance because claims were generalized and unsupported by independent corroborating evidence distinguishing it from field as whole.

Mental health specialist sought EB-2 national interest waiver. Director found first prong met. AAO affirmed denial, finding petitioner lacked sufficient evidence of positioning to advance proposed endeavor: no record of prior success, detailed plan, progress, or stakeholder interest demonstrated.

A nurse sought EB-2 classification, as an advanced degree professional or an individual of exceptional ability, together with a national interest waiver. The AAO dismissed the appeal because the nurse met neither EB-2 category, with no showing of expertise above the ordinary, and so did not reach the waiver framework.

A fitness director proposing to provide fitness services through her business in Florida. Director found substantial merit but not national importance. AAO agreed; petitioner's services and business lack prospective impact beyond direct clients and do not rise to national importance level.

A pharmacist sought EB-2 NIW for establishing a pharmaceutical consulting company. The AAO found the proposed endeavor had substantial merit but failed the national importance prong because the petitioner did not demonstrate how the specific consulting services would impact the pharmaceutical industry or broader economy at a national level.

Home health aide sought NIW as EB-2. Petitioner claimed her services would improve patient outcomes, reduce healthcare facility burden, and promote economic growth. AAO found substantial merit but denied national importance because work would not demonstrate impact beyond individual patients or meaningful support of regional or national initiatives.

An entrepreneur in physical therapy sought self-petitioned EB-2 NIW to operate a mobile physical therapy clinic with training programs. The AAO dismissed the appeal because petitioner established substantial merit but failed to demonstrate national importance; the endeavor lacked broader implications for the field beyond direct patient and trainee benefits.

An entrepreneur in home health care sought NIW under EB-2 as advanced degree professional. The AAO found the proposed business demonstrated substantial merit but lacked national importance; projected revenues and jobs were insufficient to show broader field or regional economic impact. Appeal dismissed.

A dietitian and nutritionist with an advanced degree sought EB-2 NIW to open a nutrition clinic. The AAO affirmed dismissal because the proposed endeavor lacked national importance: it would benefit only direct patients and lacked evidence of broader societal welfare enhancement or substantial positive economic effects.

Applicant seeking NIW for medical equipment maintenance and repair company. Failed both underlying EB-2 advanced degree requirement (insufficient progressive experience) and national importance element; claimed healthcare efficiency and economic growth benefits without adequate scope or evidence.

A nurse with foreign credentials sought EB-2 advanced degree classification and national interest waiver for a proposed infection control and prevention business. The AAO found her qualified for EB-2 but held her endeavor lacked national importance under Dhanasar; general healthcare articles and claims of potential did not demonstrate concrete impact beyond limited clients.

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.

Plastic surgeon claimed extraordinary ability under EB-1A, citing awards, association membership, and professional standing. AAO found he was nominated but did not receive the primary award and failed to establish that his association required outstanding achievements judged by recognized experts. Record lacked evidence of sustained national acclaim requisite for the classification.

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.