Published AAO appeal decisions

A petitioner with education background in emergency preparedness and school-based disaster response filed a motion to reopen and reconsider a dismissed national interest waiver appeal. The AAO dismissed the motion because the petitioner presented no new facts not previously submitted and failed to demonstrate the prior decision was based on incorrect law or policy.

An English teacher and educational administrator from Turkey seeking EB-2 NIW classification failed to establish eligibility for the underlying advanced degree classification and did not demonstrate that her specific endeavor of integrating immigrants into the U.S. educational system had national importance, warranting dismissal.

An urban and regional planning researcher sought EB-2 classification with a national interest waiver. The AAO found the proposed endeavor had substantial merit but lacked national importance, as it did not demonstrate novel innovation or broader field-wide impact comparable to Dhanasar examples. The first NIW prong failed, and remaining prongs were not reached; the appeal was dismissed.

Education and public safety specialist seeks EB-2 NIW for proposed security services business and training company. Petitioner qualifies as advanced degree professional but failed to establish national importance of endeavor or evidence of success positioning her to advance it, thus ineligible for waiver.

Archaeology business petitions for O-1 visa for archaeologist beneficiary. Appeal dismissed on consultation requirement grounds: Turkish-American organization consulted lacked demonstrated expertise in archaeology or archaeology business. Merits regarding evidentiary criteria reserved and not decided.

An assistant professor in classics sought a national interest waiver for EB-2 classification. The AAO held the proposed endeavor—study of ancient inscriptions, preservation of epigraphical resources, and classics teaching—has substantial merit but lacks the requisite national importance under Dhanasar's first prong, and did not address the remaining prongs.

Science and chemistry teacher sought EB-2 NIW claiming endeavor to advance STEM education. AAO affirmed denial, holding classroom teaching activities, while meritorious, lack demonstrated impact on STEM education field broadly; importance of STEM field and teacher shortage insufficient without specific evidence of proposed endeavor national importance. Second and third prongs reserved.

English language arts teacher proposed studying Florida's state assessment test impact in charter schools to improve student outcomes. AAO found the study too narrow in geographic and topical scope to demonstrate national importance despite letters claiming transformative field impact.

A flight training curriculum manager seeking EB-2 national interest waiver claimed the proposed endeavor addresses pilot shortage with national importance. The AAO dismissed, finding insufficient evidence that the consulting services would extend beyond specific companies or offer innovations with wider implications for aviation industry advancement.

Teacher with advanced degrees in chemistry and environmental chemistry seeks NIW for environmental science teaching position. Petitioner claimed his teaching endeavor had substantial merit and national importance. AAO held classroom teaching lacks national importance absent evidence of broader field impact.

Researcher with advanced degree in risk and crisis communication seeks NIW. Petitioner claimed field importance and research funding establish national importance. AAO held the specific proposed research endeavor lacks national importance; field importance alone insufficient without evidence of broad prospective impact.

A special education teacher sought EB-2 national interest waiver. The AAO dismissed the appeal after determining the proposed endeavor lacked national importance; it would benefit only her school and students, not the field broadly, despite its merit.

An education administrator and entrepreneur sought NIW under EB-2. The AAO dismissed on two independent grounds: she failed to establish EB-2 qualification and her proposed endeavor of owning three education businesses in California lacked demonstrated national importance and broader field impact.

Public school employer petitioned for high school science teacher beneficiary as extraordinary ability. Beneficiary met only two criteria: judging and high salary. Award not major and internationally recognized. Did not meet three-criterion threshold or demonstrate sustained acclaim. Appeal dismissed.

Early childhood and elementary school teacher seeking national interest waiver for EB-2 classification. Petitioner claimed Portuguese teaching role had national importance. AAO found endeavor lacked demonstrated national importance and broader field implications required by Dhanasar; appeal dismissed.

Education administrator seeks EB-2 advanced degree and NIW. AAO affirmed denial, finding substantial merit established but national importance not demonstrated. Petitioner's bilingual elementary teaching and coordination in public schools lacks prospective impact beyond her specific students and schools.

Employer-sponsored Spanish language instructor using art to teach foreign languages sought EB-1A. Met two criteria: judging and critical role. AAO dismissed because record lacked sufficient evidence of sustained national or international acclaim required for extraordinary ability.

English language and literature teacher sought EB-2 with national interest waiver. Claimed advanced degree professional or exceptional ability status. AAO held petitioner did not meet EB-2 eligibility requirements; foreign degree unrelated to proposed endeavor; did not satisfy three of six exceptional ability criteria; Dhanasar analysis reserved.

Education counseling business petitioned for school and career counselor beneficiary's O-1A classification. Petitioner claimed seven criteria; director and AAO found none met. Letters lacked evidence of major field significance. Salary was average, not elevated. Appeal dismissed without final merits determination.

Instructional technologist with Ph.D. seeking EB-2 national interest waiver. Petitioner established first prong of Dhanasar framework for substantial merit and national importance of proposed endeavor. AAO dismissed because petitioner failed second prong; evidence did not demonstrate adequate record of success or that others in field recognize his work sufficiently.

Law firm petitions for instructional coordinator with doctorate in literature as EB-1A extraordinary ability applicant. Petitioner claimed four criteria met. AAO dismissed, finding none adequately established: awards were mere participation acknowledgments; published material not about beneficiary; judging unconfirmed; contributions lacked demonstrated major significance.

A law firm petitioned for its instructional coordinator, a literature scholar and former professor, as an extraordinary ability alien. The director found two criteria met. The AAO agreed on scholarly articles but withdrew the judging finding and rejected awards and published material, so three criteria were not satisfied and top-of-field standing was not shown.

Teacher seeking EB-2 classification with national interest waiver. Advanced degree and exceptional ability claims both rejected; did not satisfy three criteria required. For NIW, proposed special education work found to lack national importance beyond individual school context. Appeal dismissed.

A Chinese language teacher at a private high school sought O-1A classification for extraordinary ability in education. The petitioner claimed the beneficiary met two of eight evidentiary criteria through awards and professional memberships. The AAO found neither criterion satisfied because the awards lacked national or international recognition and the associations did not require outstanding achievement for membership.

Elementary special education teacher sought NIW for EB-2 classification. AAO acknowledged merit of proposed instructional model but found no evidence of national importance or broader field impact, dismissing appeal under Dhanasar framework.