Published AAO appeal decisions

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.