Published AAO appeal decisions

Nutritionist seeking NIW with advanced degree. Petitioner materially changed proposed endeavor between filing and RFE response, shifting focus and field; inconsistent information prevented conclusion that she meets first or second Dhanasar prong.

Nurse sought EB-2 national interest waiver. AAO dismissed appeal, finding proposed endeavor lacks national importance under first Dhanasar prong; work impacts specific patients and workplace but not the nursing field or U.S. healthcare industry broadly.

Nursing coordinator sought EB-2 national interest waiver. Petitioner claimed expertise in nursing coordination and healthcare management benefiting hospitals and patients. AAO found the specific endeavor lacked national importance, affecting only the employer and patients, not the broader field or economy as required.

Acupotomy researcher and clinician seeking NIW under EB-2 for proposed clinical work. Qualifies as individual of exceptional ability. AAO held endeavor has substantial merit but lacks national importance because impact is limited to specific patients and locations without demonstrated broader implications for healthcare field or quality of life broadly.

An oriental medicine practitioner sought national interest waiver but was first denied advanced degree eligibility due to inability to prove five years progressive experience or operating clinic. AAO affirmed, finding the proposed oriental medicine endeavor lacked national importance and no Dhanasar prong satisfied.

A nurse with advanced training and teaching experience sought a national interest waiver for EB-2 classification. She met the advanced degree requirement but failed the NIW test because her proposed work lacked demonstrated national importance and specific prospective impact beyond local patient care and student education.

A physical therapist sought EB-2 classification with national interest waiver. AAO dismissed because the petitioner failed to establish five years of progressive post-baccalaureate experience in physical therapy required for an advanced degree equivalency, making further analysis unnecessary.

A direct care worker seeks EB-2 exceptional ability classification and NIW. The AAO dismissed, finding she failed to meet three of six regulatory criteria for exceptional ability; official academic records lacked required documentation, employment history insufficient, and recognition letters did not demonstrate significant contributions. NIW not addressed.

Registered nurse and nursing instructor applied for NIW under EB-2. Petitioner had advanced degree and proposed work in gerontological nursing and research. AAO found substantial merit but no national importance; nursing work would not impact field broadly, and research plans lacked sufficient detail and evidence of original innovations or wider implications.

Dentist sought EB-2 with national interest waiver. Qualified as advanced degree professional but failed Dhanasar test: proposed dental work benefited only immediate patients and employer, lacking broader implications for U.S. workers or substantial economic effects required for national importance.

A dentist and orthodontist with MBA sought NIW for EB-2. AAO dismissed because petitioner lacked a U.S. DDS/DMD or foreign equivalent degree required by regulation, and proposed dental practice lacks national importance under Dhanasar.

Gastroenterologist sought national interest waiver for EB-2 classification. Petitioner established substantial merit and national importance of proposed research endeavor but failed to demonstrate he was well positioned to advance it through sufficient record of success, impact, or progress. Appeal dismissed.

A dentist trained in Brazil sought EB-2 classification as an advanced degree professional with a national interest waiver. The AAO withdrew the finding that the foreign degree was equivalent to a US doctorate and found the petitioner not well positioned to advance the endeavor because he lacked US licensure and was working as a dental assistant. Worker shortage alone does not support a waiver.

A neurosurgeon and researcher seeking NIW claimed he would conduct research and provide patient care. The AAO dismissed the appeal, finding his proposed endeavor lacked specificity and failed to demonstrate national importance. His future work would not impact the neurological field broadly.

Physical therapist sought NIW for EB-2 classification. Proposed clinical work treating patients with functional and cardiorespiratory disorders in healthcare facility. AAO disagreed with director on identifying proposed endeavor but affirmed no national importance shown; benefits confined to individual patients, lacking broader field implications. Matter remanded.

Psychiatric nurse practitioner sought EB-2 national interest waiver. AAO found he qualified for advanced degree classification but dismissed the NIW appeal because the proposed endeavor lacked national importance, affecting only individual patients rather than the field broadly.

Audiologist and speech pathologist with 13 years experience claimed three Dhanasar prongs for NIW. AAO dismissed appeal, finding her specific proposed endeavor of providing clinical services lacks national importance because it lacks broader field implications and substantial economic effects beyond individual patients.

Physical therapist assistant sought EB-2 exceptional ability classification and NIW. Director approved exceptional ability; AAO withdrew that finding and found petitioner did not qualify for underlying EB-2 classification due to insufficient evidence of degree equivalency and continuous professional licensure, rendering NIW analysis unnecessary.

Dentist sought EB-2 with national interest waiver. Director found advanced degree qualification and substantial merit but denied waiver, finding no national importance. AAO affirmed, holding dental practice activities benefit only immediate patients and employer, lacking broader field implications.

Mental health organization petitioned for group facilitator and case manager claiming three Dhanasar prongs. AAO dismissed, finding record does not establish national importance because benefits appear limited to individual clients without broader field or regional economic implications beyond individual treatment.

Healthcare professional with advanced degree sought NIW for dental, nutrition, and home healthcare services. AAO dismissed appeal, finding no sufficient evidence that proposed endeavor has national importance, substantial positive economic effects, or significant job creation potential.

A nutritionist with advanced degree sought a national interest waiver. The AAO found her proposed work providing general nutrition consulting lacks national importance under Dhanasar, as it does not impact the broader field or create substantial U.S. economic benefits.

A physician in general practice and aesthetics sought national interest waiver for EB-2 medical research endeavor. The AAO remanded because the petitioner's proposed endeavor changed materially from vague research to medical clinic franchise, and the Director did not analyze whether the specific endeavor had substantial merit and national importance.

A nutritionist employed by a state health department on federally funded WIC programs sought a national interest waiver. The AAO found her proposed work lacked national importance because it affected only direct clients, did not advance the nutrition field broadly, and showed no substantial economic effects, dismissing the appeal under Dhanasar's first prong.

A cardiologist and director seeking NIW under EB-2 claimed substantial merit and national importance for clinical work, teaching, and leadership. AAO found substantial merit but not national importance; clinical impact limited to individual workplace. Petitioner also failed to demonstrate being well positioned to advance endeavor.