Published AAO appeal decisions

Nurse proposing clinical safety audit implementation claims national interest waiver. AAO agreed proposal has substantial merit but found no national importance: letters lacked specific evidence that the endeavor offers broader healthcare field implications or substantial positive national economic effects.

CEO and entrepreneur in healthcare facility maintenance and waste management seeks to establish cleaning services business in Florida. Claimed endeavor would strengthen healthcare institutions and create jobs. AAO dismissed appeal; AAO also withdrew USCIS determination that petitioner qualifies as advanced degree professional, and found endeavor lacks national importance.

A physician seeking EB-2 classification with NIW claimed his proposed endeavor merits waiver of job offer requirement. The AAO held the endeavor lacks sufficient national importance under Dhanasar because it relies on alignment with government priorities rather than demonstrating specific, prospective national impact.

Public health researcher with DrPH degree sought NIW for developing AI agent-based model for hospital emergency department operations. AAO found proposed endeavor met first prong with national importance, but petitioner failed second prong: insufficient evidence of positioning to advance through progress, expertise demonstration, or stakeholder interest.

A hospital petitions for an EB-2 national interest waiver for a clinical social worker specializing in pediatric care for marginalized populations. AAO held the record lacks objective evidence of the proposed endeavor's specific impacts and broader implications necessary to demonstrate national importance under Dhanasar.

Skincare specialist seeking EB-2 NIW for personalized skincare business addressing dermatology, aesthetics, and mental health integration. AAO found petitioner failed to establish underlying EB-2 eligibility and did not satisfy first Dhanasar prong: proposed business lacks demonstrated national importance. Appeal dismissed.

Medical doctor with 20+ years experience sought NIW for proposed maternal and child health consulting firm. AAO dismissed appeal because petitioner failed to demonstrate national importance; reliance on generalized healthcare sector needs and lack of specific prospective impact defeated first Dhanasar prong.

Employer sought national interest waiver for beneficiary as assistant professor of otolaryngology-head and neck surgery. AAO found beneficiary met EB-2 advanced degree requirement but proposed endeavor lacked adequate evidence of national importance beyond employer and local patients, failing the first Dhanasar prong.

A Brazilian healthcare specialist with advanced degree seeks NIW for EB-2, proposing to develop audit systems and management frameworks. The AAO dismissed because petitioner failed to establish the underlying EB-2 classification and did not demonstrate national importance of the specific proposed endeavor.

A resident physician with a bachelor of medicine degree sought NIW for EB-2. The AAO reversed the service center's denial of underlying EB-2 eligibility and remanded for proper analysis of national interest waiver under Dhanasar, finding the service center failed to provide meaningful reasoning.

Entrepreneur self-petitioner sought NIW for medical billing and revenue cycle management business. SCOPS found substantial merit but not national importance. Petitioner appealed with only generalized error statements without developing arguments for any Dhanasar prong. Appeal dismissed for waived arguments and failure to meet burden.

A physiotherapist from Brazil sought EB-2 classification with a national interest waiver for a health and wellness startup. The AAO dismissed the appeal because she failed to satisfy three of six exceptional ability criteria, specifically lacking sufficient evidence of professional association membership and recognition for achievements.

A healthcare staffing company petitioned for an EB-2 advanced degree classification with Schedule A designation for a physical therapist beneficiary. The petition lacked proof of Florida PT licensure or state qualification at filing. On appeal, the employer submitted a Florida PT license dated after the petition filing. AAO declined to consider late evidence and affirmed denial.

Pharmacist sought EB-2 with national interest waiver claiming exceptional ability. AAO affirmed denial, finding although three criteria were met, evidence did not establish expertise significantly above ordinary levels in pharmaceutical services. NIW prongs reserved as unnecessary.

Veterinarian seeks NIW for EB-2 classification with unclear proposed endeavor involving ultrasound services for animals. AAO found substantial merit but rejected NIW because petitioner failed to demonstrate national importance; sector-wide shortage and evidence of industry need do not establish petitioner's specific endeavor has broader national or global implications.

Pediatric resident with master's and medical degrees sought EB-2 NIW for translational research on fetal cardiology. AAO found national importance established but dismissed because petitioner lacked demonstrated record of research success, field attention, and current prospects needed to be well positioned.

Health services manager with advanced nursing degree seeking EB-2 classification and NIW for proposed healthcare business claimed national importance based on federal alignment, job creation projections, and revenue forecasts. AAO found proposed endeavor lacks national importance because benefits do not extend beyond individual patients to impact healthcare field broadly.

Physical therapist seeking EB-2 with NIW to operate healthcare clinic in the United States. AAO found petitioner met underlying advanced degree requirement but proposed endeavor lacks national importance. While addressing healthcare field shortage, evidence insufficient to show prospective impact beyond local clinic operations reaching national significance.

Adapted physical education specialist and entrepreneur proposes health and wellness centers for special needs children in Florida, Massachusetts, and Georgia. Claimed national interest waiver for EB-2. AAO affirmed denial, finding endeavor lacks national importance despite substantial merit; business plan lacks evidence of broader field impact or economic scale reaching national significance.

Music therapist with advanced degree seeking national interest waiver for EB-2 employment-based petition. AAO found substantial merit in proposed music therapy services but denied waiver because endeavor lacked national importance, lacking broader field-wide impact beyond local clients.

Advanced degree professional in health policy sought national interest waiver for mental health initiative emphasizing health-in-all-policies approach. AAO affirmed denial, finding record lacked evidence of how the specific proposed endeavor would advance the field with national or global implications.

A psychologist sought an EB-2 national interest waiver for work involving mental health and diversity initiatives. The AAO dismissed because although the endeavor had substantial merit in health and education, it lacked demonstrated national importance; mere alignment with government initiatives and potential local benefit do not establish national impact.

Clinical trials specialist sought NIW for EB-2 to increase ethnic minority participation in drug development. AAO affirmed denial, finding the proposed seven-person business lacked sufficient national importance in healthcare or economy despite furthering a valid national goal of eliminating health disparities.

A drug addiction treatment center petitioned for an EB-2 national interest waiver for an IT operations manager beneficiary. The AAO affirmed denial, finding the proposed endeavor lacked national importance; recommendation letters focused on the beneficiary's individual qualifications and organizational impact only, not industry-wide or profession-wide benefit.

An internal medicine resident with advanced degree sought EB-2 NIW for interventional cardiology research. The AAO found the proposed research had substantial merit and national importance under the first Dhanasar prong. However, the second prong failed because letters of support lacked specific examples of how the petitioner's work affected clinical practice or demonstrated sufficient success warranting waiver of labor certification.