Published AAO appeal decisions

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.

Elementary school teacher sought EB-1A extraordinary ability classification. Claimed original contributions, scholarly articles, and high salary. AAO found only scholarly articles criterion met, falling short of the three required to proceed to final merits determination. Appeal dismissed.

Foreign language teacher and entrepreneur proposed bilingual education center using sign languages and Portuguese. Petitioner established substantial merit but failed to demonstrate national importance; projected job creation and revenue lacked supporting detail and showed limited economic impact beyond local region.

A rabbi and historian sought EB-1A extraordinary ability classification. The petitioner claimed four criteria but met none. The AAO found published material did not appear in required outlets and educational certifications do not constitute prizes for excellence. The petitioner failed to demonstrate sustained national or international acclaim required for the classification.

A high school and college teacher with a PhD in education administration seeks a national interest waiver to develop AI-based curriculum and teaching methods. The AAO affirmed denial because the petitioner failed to show the proposed endeavor would extend beyond individual students to impact the field more broadly at a national level, falling short of the substantial merit and national importance prong.

Special education teacher sought EB-2 NIW to establish a company providing training and development for inclusive education. AAO held she qualifies as advanced degree professional, but proposed endeavor lacks national importance; while addressing teacher shortage is important, services benefit only company clients without broader field implications.

An educator with a PhD in engineering seeks EB-1A extraordinary ability classification. The AAO affirmed denial because she met only one of seven claimed criteria and has not demonstrated the sustained national or international acclaim required for this highly restrictive classification.

Language specialist claimed EB-2 advanced degree professional classification with national interest waiver. AAO affirmed denial because applicant's three-year foreign degree does not establish equivalence to a U.S. bachelor's degree required for EB-2 eligibility. Dhanasar prongs not addressed.

A business and social psychology researcher sought EB-1A extraordinary ability classification. AAO found he did not receive a major award and met only two of ten criteria, not the required three. Letters of recommendation and citation records did not establish major significance of contributions. Appeal dismissed.

Applied linguist seeking NIW for EB-2 classification claimed research on marginalized populations has national importance. AAO dismissed appeal, finding substantial merit but no evidence prospective impact rises to national importance; research lacks demonstrated policy influence or broad implications.

A Kyrgyz history and culture scholar claims extraordinary ability in EB-1A. Director found evidentiary criteria met but denied on final merits. AAO sustained denial, finding the petitioner accomplished but not among the very top of the field despite national recognition and publications.

Foreign language teacher and entrepreneur seeking NIW for specialized educational center serving children with learning difficulties. Claimed job creation and tax benefits demonstrate national importance. AAO found endeavor lacks broader implications extending beyond company and clientele to impact field or economy at national level.

Petitioner seeking national interest waiver for Yoruba heritage and language education program submitted business plan projecting job creation and program expansion. AAO found the proposed endeavor lacked substantial merit and national importance, affecting only students rather than the field broadly, and petitioner not well-positioned given limited teaching credentials relative to comparators.

A preschool teacher sought EB-2 advanced degree classification and NIW for a regional teaching business. The AAO dismissed the appeal, finding the endeavor had substantial merit but lacked national importance, with insufficient evidence of broader field impact or substantial economic benefits.

Archaeologist with Egyptian Ph.D. in Islamic archaeology seeking EB-2 with national interest waiver for research comparing African American and Mamluk civilizations. First prong met; teaching and media production endeavors lacked sufficient specificity. AAO affirmed dismissal because petitioner failed second prong: education alone insufficient to show well-positioned status without demonstrated research success or external support.

A university professor and administrator seeks an EB-2 NIW to operate a higher education consulting business using a proprietary algorithm. The AAO dismissed, finding substantial merit but no evidence the business would broadly impact the field or achieve national importance.

Petroleum engineer proposing educational technology startup for energy workforce sought EB-2 NIW classification. AAO held endeavor had substantial merit but lacked national importance under Dhanasar because petitioner failed to demonstrate prospective impact beyond direct students or how platform would broadly influence field.

A research economist and professor sought EB-2 classification with NIW. The AAO dismissed the appeal, finding the petitioner qualified as advanced degree professional but failed to establish national importance. Research on equity and low-income communities lacked evidence of prospective impact beyond personal employer.

Linguistics researcher with advanced degree sought NIW under Dhanasar framework. AAO found research endeavor nationally important but dismissed because petitioner not well-positioned to advance it; limited citations and lack of institutional support insufficient; prong three not reached.

Applied linguistics researcher and teacher seeks EB-2 NIW. Claimed field expertise and research focus establish national importance of proposed endeavor. AAO dismissed, finding proposed research lacks original innovations or national or global implications in applied linguistics commensurate with national importance requirement.

Entrepreneur seeking EB-2 NIW to create startup offering free AI-based higher education classes. AAO held appeal dismissed because petitioner failed to establish EB-2 eligibility; unverified master's degree and unclear profession prevented establishing advanced degree requirement; NIW analysis not reached.

An assistant professor claimed extraordinary ability in academia. The AAO dismissed the appeal, finding she abandoned some claims and failed to overcome the director's determinations on awards, membership, publications, original contributions, and critical role.