Published AAO appeal decisions

Pediatrician with foreign medical degree equivalent to U.S. first professional degree seeking EB-2 NIW. Proposed pediatric practice in Florida hospital, claiming lower disease treatment costs and reduced intensive care admissions. AAO found endeavor lacks demonstrated national importance; benefits limited to individual patients without broader healthcare industry implications.

A physical therapist and entrepreneur sought EB-2 classification with a national interest waiver for her physical therapy business. The AAO dismissed because her specific endeavor lacked national importance, as it would not introduce novel methodologies or impact the field beyond serving her prospective clients.

A nurse with nine years experience in neonatology and pediatrics sought EB-2 with national interest waiver. AAO found her work has substantial merit but lacks national importance because it affects only her patients and employers, not the nursing field broadly. Nursing shortage does not establish national importance under Dhanasar.

Exercise physiologist seeking EB-2 with national interest waiver claimed proposed endeavor had substantial merit and national importance. AAO affirmed denial, finding endeavor lacked national importance because benefits would not extend beyond petitioner's clients to impact field or economy broadly.

Nurse with international bachelor's degree seeking national interest waiver for EB-2 classification. Petitioner proposed specialized nursing in cardiology and intensive care. AAO vacated Director's denial of EB-2 eligibility but dismissed NIW appeal, finding no evidence that individual nursing practice has national importance or field-wide implications.

A clinical laboratory technician seeking EB-2 with national interest waiver claimed ability to serve healthcare professional shortage areas. The AAO dismissed the appeal, finding her proposed endeavor lacks national importance despite STEM field involvement, as she failed to demonstrate the endeavor would have broad field implications or substantial economic effects beyond her business.

A psychologist sought NIW claiming industry importance and economic welfare impact. AAO held the petitioner failed first prong by conflating field importance with specific endeavor importance, and failed second prong because record did not demonstrate how petitioner was positioned to advance the proposed endeavor.

Nurse seeking EB-2 with national interest waiver based on proposed specialized nursing work in hyperbaric oxygen therapy and ICU care. AAO held petitioner lacks advanced degree and proposed endeavor lacks national importance because benefits would not extend beyond her employer and coworkers to impact the nursing field broadly.

Substance abuse rehabilitation coach seeking NIW for EB-2. AAO dismissed appeal because petitioner failed to meet antecedent requirement of advanced degree professional classification as of petition filing date. NIW analysis was not reached as unnecessary to ultimate dismissal.

An occupational therapist and entrepreneur from Brazil seeks NIW for EB-2 to establish a rehabilitation clinic. She met the advanced degree requirement but failed to demonstrate national importance of her specific proposed endeavor, only showing substantial merit. The AAO affirmed dismissal.

A physical therapist proposed operating a home healthcare and physical support services company and sought EB-2 and NIW. The AAO dismissed the appeal, finding her specific endeavor lacked national importance; beneficial economic activity to local market insufficient.

Physical therapist with advanced degree sought EB-2 national interest waiver to develop innovative techniques for paralysis disorders. Qualified for underlying EB-2 but failed to demonstrate national importance of specific endeavor; impact limited to individual patients.

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.