Published AAO appeal decisions

An economist with a PhD proposed research integrating multimodal data and cognitive engagement technologies to analyze healthcare decision-making, supported by NSF funding. The AAO dismissed the appeal because the petitioner failed to establish that the proposed endeavor would advance AI or human-machine interfaces to national importance.

Medical scientist proposing clinical trial safety consulting company. Claimed national interest waiver under Dhanasar framework. AAO held proposed endeavor lacks national importance; benefits restricted to company clients rather than broader healthcare field or economy.

A hospitalist sought a national interest waiver for EB-2 classification. The AAO held the proposed endeavor lacked national importance because it would not impact the field broadly or produce substantial prospective economic effects, despite serving an underserved area. First prong of Dhanasar test failed.

A family nurse practitioner seeks EB-2 advanced degree classification and NIW. Service center approved underlying EB-2 eligibility but denied NIW. AAO affirmed, finding petitioner's proposed primary care practice using telemedicine lacked national importance; evidence showed only individual patient benefit, not broader healthcare industry impact.

Interpretation services provider sought EB-2 NIW for organization serving neurodiverse families with specialized support in native languages. AAO agreed the endeavor had substantial merit but found it lacks national importance; petitioner provided ambitiously expansive objectives without demonstrating how services would impact healthcare or education fields or achieve national-level significance.

A university sponsored a clinical assistant professor of dentistry for an EB-2 national interest waiver to develop integrated clinical education and research. The AAO found the advanced degree requirement met but dismissed the appeal because the proposed endeavor lacks national importance, with benefits limited to institutional and student levels, not broader field or economic impacts.

Entrepreneur in infection prevention and healthcare sought EB-2 NIW for healthcare consulting company. AAO held proposed endeavor lacked national importance under Dhanasar because beneficiary demonstrated neither that innovations differed from existing approaches nor that projections would generate substantial regional or national economic benefits.

Clinical psychologist and entrepreneur proposing mental health services business claims national importance waiver. AAO found substantial merit but rejected national importance because the endeavor lacks broader field implications, significant job creation, or substantial economic effects beyond direct patients, failing Dhanasar's first prong.

Mental health hospital petitions for EB-2 NIW on behalf of rehabilitation therapist providing art therapy to forensically committed patients. Beneficiary qualifies as advanced degree professional but proposed endeavor lacks national importance; job duties would not impact therapeutic field broadly at national level.

A clinical psychologist sought EB-2 national interest waiver to operate a mental health treatment center using proprietary methodology. The AAO dismissed the appeal, finding the endeavor had substantial merit but lacked national importance because individual patient services and training courses would not broadly impact the mental health field.

Adaptive sports therapy specialist seeking NIW for EB-2 as advanced degree professional. AAO found endeavor lacks national importance despite substantial merit; local center lacks broader field implications. Petitioner not adequately positioned to advance endeavor. Appeal dismissed.

Management analyst seeking NIW for business establishing drug repositioning company. AAO affirmed denial because proposed endeavor lacks national importance; business plan contains inconsistent financial data showing net loss rather than profit, lacks specified location, and benefits only particular clients without broader field implications.

A chief executive officer with a medical degree sought EB-2 classification and NIW for a healthcare startup. The proposed endeavor met substantial merit but lacked demonstrated national importance. Projections lacked detail; techniques were not shown as sufficiently innovative or distinct; no broad field impact or employment of disadvantaged workers established.

A physiotherapist sought EB-2 classification with a national interest waiver. The AAO affirmed that the petitioner failed to meet the underlying EB-2 exceptional ability requirement at the final merits stage, despite satisfying three initial criteria. Because eligibility for the underlying classification was not established, NIW analysis was waived and the appeal was dismissed.

A registered nurse sought EB-2 NIW classification for an in-home healthcare business. The AAO found she lacked five years post-degree experience for advanced degree classification and failed the national importance prong: her endeavor, though meritorious, would only serve individual patients without broader field impact. The AAO dismissed the appeal.

Pharmacist and entrepreneur self-petitioner seeking NIW for pharmaceutical consulting firm in Florida. Claimed national importance through human capital development and healthcare competitiveness. AAO held endeavor lacks broader implications; applicant's expertise and qualifications misplaced in first prong analysis focused on specific endeavor.

Dental and healthcare management consultant sought EB-2 NIW. AAO found record contained conflicting descriptions of proposed endeavor and petitioner lacked evidence of advanced degree or five years qualifying experience. Petitioner did not demonstrate she was well positioned to advance the endeavor; second Dhanasar prong not satisfied.

Pediatric pulmonologist seeks NIW under EB-2 to serve rural and underserved areas addressing shortage. AAO dismissed, finding substantial merit but no demonstrated national importance; critical field shortage and federal healthcare initiatives insufficient without evidence specific endeavor will broadly reduce shortages.

A health promoter with twelve years experience sought NIW as EB-2 member of professions. AAO dismissed, finding proposed health promotion endeavor lacks national importance. Generic health promotion work does not demonstrate impact beyond a specific organization or extend broadly enough to affect the field at national level.

A fitness and health professional with advanced degree seeks EB-2 classification with national interest waiver. Petitioner proposed fitness training endeavor. Service center and AAO found no national importance because business plan lacked specificity and independent evidence, and proposed work would impact only clients, not the industry broadly.

Registered nurse with advanced degree sought national interest waiver for preventive healthcare program in rural and underserved communities but failed first Dhanasar prong; while addressing important public health need, proposed endeavor lacked demonstrated national importance or broader field implications required by precedent.

Pelvic physiotherapist seeks EB-2 advanced degree professional classification and NIW. Service center denied petition, finding petitioner lacked required transcripts and work experience documentation for advanced degree equivalency. AAO affirmed denial on eligibility grounds and did not analyze NIW prongs.

A biomedical aesthetician and entrepreneur with an advanced degree sought EB-2 NIW classification to establish an aesthetic clinic offering non-surgical treatments and professional development. The AAO affirmed denial, finding the endeavor lacked national importance as merely operating in an important field or addressing industry shortages is insufficient without evidence of broader field or societal impact.

Physical therapist filed second motion to reconsider denied NIW petition. Petitioner reargued eligibility without demonstrating misapplication of law or policy. AAO confirmed prior dismissal, holding that field importance and worker shortage do not establish endeavor's national importance. Motion dismissed.

A dentist sought EB-2 national interest waiver. The AAO confirmed EB-2 eligibility but dismissed the appeal under Dhanasar framework, finding the proposed endeavor had substantial merit but lacked national importance. Services to individual patients and general professional shortage do not constitute nationally significant impact.