Published AAO appeal decisions

Graduate student in international law sought EB-2 NIW for online platform expanding African student pathways to U.S. education. AAO dismissed appeal, finding the specific endeavor lacks national importance; modest projected hiring and revenue insufficient for substantial economic impact.

A designer of mathematical education programs with EB-2 advanced degree sought NIW. AAO affirmed denial, finding the proposed endeavor had substantial merit but petitioner failed to demonstrate significant potential to employ U.S. workers or generate substantial economic benefits required for national importance.

High school mathematics teacher with fifteen years experience seeks NIW for EB-2 to develop hybrid and distance learning instructional framework. AAO dismissed appeal because petitioner failed to address USCIS findings on the third Dhanasar prong and waived the issue by failing to contest specific conclusions about impracticality of labor certification and national benefit.

Training and development specialist sought NIW for STEM education framework under Dhanasar. Advanced degree established. First prong failed: while endeavor had substantial merit, record lacked evidence of national importance and broad prospective impact. Framework described as scalable and replicable without detail or demonstrated innovation. Second and third prongs not reached.

Educational technology researcher claimed NIW for health literacy research advancing competency-based learning. AAO held proposed endeavor lacks demonstrated national importance despite university adoption at one institution, and applicant failed to show recent productivity or sustained research continuation warranting waiver.

Mathematics educator with 17 years teaching experience sought NIW for EB-2 classification. AAO affirmed SCOPS denial, finding the proposed endeavor lacked national importance because impacts were limited to her company and students without demonstrating broader field-level benefits or innovation.

Professional in employee training and development sought EB-2 national interest waiver. Failed NIW Dhanasar first prong; proposed nationwide capacity-building endeavor lacks demonstrated national importance and lacks specific scalable model or significant U.S. employment potential.

Assistant professor of Arabic languages seeks waiver based on language instruction and curriculum development supporting military personnel readiness. Claimed endeavor involves research on cross-cultural communication and specialized translation. AAO dismissed appeal, finding proposed endeavor has commendable ambitions but lacks documented prospective impact rising to national importance.

A musician and music educator sought EB-2 immigrant classification with national interest waiver. SCOPS established advanced degree eligibility but denied the waiver. The AAO remanded because SCOPS failed to sufficiently analyze the three Dhanasar prongs and did not put the petitioner on notice of evidentiary deficiencies.

Secondary school teacher seeking NIW as EB-2 advanced degree professional to implement STEM program. Qualified for EB-2 but failed first Dhanasar prong: program benefits constrained to participating schools and students; scalability and alignment with federal priorities insufficient for national importance. Appeal dismissed.

A petitioner sought EB-2 NIW classification for a Russian economics graduate. The AAO dismissed her combined motion to reopen and reconsider, holding the bachelor degree was completed in less than four years and the academic evaluation did not credibly establish foreign equivalency to a U.S. four-year degree.

Educator proposing nationwide framework for teacher quality and early childhood education, seeking EB-2 NIW. AAO held petitioner failed Dhanasar prong two: insufficient evidence of being well positioned to advance endeavor given limited experience and lack of stakeholder support from relevant officials.

STEM education platform developer sought EB-2 with national interest waiver. Petitioner established substantial merit but failed to demonstrate national importance of specific online educational endeavor. Platform lacks broader field impact beyond prospective students; revenue projections and employment forecasts do not show substantial national economic effects.

Airline pilot and engineer seeks NIW for EB-2 to establish aviation safety training company in HUBZone. AAO dismissed appeal, finding endeavor has substantial merit but lacks national importance; speculative training program lacks broad implications beyond proposed company clientele.

Special education coordinator sought EB-2 NIW to establish Texas education consultancy. AAO dismissed appeal, finding petitioner failed to establish national importance of the specific endeavor, which lacked identifiable unique methodologies or prospective broad impact beyond local service provision.

A professional in international educational development with advanced degree sought NIW under EB-2. AAO dismissed because while the field is important, the petitioner failed to demonstrate national importance of her specific endeavor—placing visiting teachers in U.S. classrooms—which lacks broad implications beyond limited participants.

An early childhood educator and behavioral counselor with master's degree sought EB-2 national interest waiver for consulting business training educators in underserved communities. The AAO dismissed, holding that the proposed endeavor lacks national importance; working in an important field, addressing labor shortages, or providing regional services does not establish prospective impact at a national level.

Self-petitioner teacher proposes English language instruction business in Florida targeting legal immigrant communities, claiming alignment with federal immigration priorities. AAO dismissed because petitioner failed to establish national importance; addressing important social issue insufficient; no evidence of broader field impact, substantial economic effects, or nationwide job creation.

An ESL teacher sought EB-2 NIW classification. The AAO dismissed a third motion to reconsider, finding the petitioner reargued previously rejected arguments without establishing error in law or policy. The underlying denial stood because the petitioner failed to demonstrate national importance of his proposed endeavor.

An educator sought EB-2 national interest waiver for her proposed endeavor in education. The AAO dismissed her fifth motion to reopen, finding no new facts warranting reconsideration of the prior denial that her specific educational endeavor lacked demonstrated national importance despite general field importance.

Early childhood educator and entrepreneur proposes establishing daycare centers in three states. AAO found substantial merit but not national importance of the specific endeavor, holding projected job creation and revenue insufficient without evidence of broader field implications or economically depressed area impact.

Musician and teacher with advanced degree claimed an NIW for music education and cultural projects. AAO rejected the waiver because the proposed endeavor lacked national importance; teaching music individually, without demonstrated broad economic or sectoral impact, does not meet Dhanasar's threshold.

A petitioner seeks EB-2 NIW to operate a Florida-based financial literacy education company for K-12 schools. Petitioner established advanced degree eligibility but failed to demonstrate national importance despite general significance of financial education field and modest projected job creation.

Mathematics teacher seeking EB-2 with national interest waiver. Petitioner claimed her work addresses STEM teacher shortages and supports educational priorities. AAO found the specific proposed endeavor lacks national importance because its impact remains confined to her students and employer, not extending to the education field broadly.

Research professor proposed STEM research endeavor and sought national interest waiver as self-petitioner. AAO found endeavor has national importance and beneficiary well positioned, but dismissed appeal because urgency of national interest insufficient to justify waiving labor certification requirement.