Published AAO appeal decisions

A petitioner sought NIW for an educational technology platform to improve STEM education. The AAO affirmed dismissal because the specific proposed endeavor lacked national importance. Although STEM education has merit, the petitioner failed to demonstrate how the platform would broadly impact the field beyond its prospective students or achieve substantial economic effects.

Researcher and music instructor seeks NIW for EB-2 classification for research documenting Assyrian cultural heritage and music. Petitioner demonstrated all three Dhanasar prongs: proposed research has national importance, petitioner uniquely qualified with rare language expertise and academic distinction, and waiver benefits U.S. by preserving underrepresented cultural scholarship.

Spanish language teacher sought EB-2 national interest waiver for work as language teaching advisor. AAO held that while serving Hispanic and Latino students is valuable, the specific proposed endeavor lacks national importance because its impact is limited to students and schools rather than broadly affecting the education field.

A violinist and music instructor sought EB-2 classification as person of exceptional ability and NIW. The AAO dismissed because she failed to meet the three-criterion threshold for exceptional ability: employment letters lacked required form, claimed professional association membership unsubstantiated, and submitted evidence did not show significant contributions to field.

Psychologist self-petitioner claimed national interest waiver for proposed multidisciplinary team providing services to vulnerable youth addressing homelessness. AAO held petitioner failed first Dhanasar prong: showed youth homelessness is nationally important but not that her specific endeavor has prospective impact or differs from existing solutions; lacked business plan and specific operational details.

A provider of training and educational services to U.S. newcomers sought NIW for EB-2 classification. The AAO affirmed denial, finding her proposed endeavor has substantial merit but lacks the national importance required under Dhanasar because it would not broadly affect the educational field.

A dual-language educator seeks NIW for teaching and educational content development. The AAO dismissed the appeal, holding that although the field has substantial merit, the petitioner failed to detail, quantify, or document where activities will occur or provide evidence of prospective impact rising to national importance.

A certified flight instructor curriculum developer sought EB-2 NIW, claiming the endeavor would modernize pilot training and address national pilot shortages. The AAO dismissed, finding insufficient evidence that her specific teaching methods would extend beyond her institutions or impact the aviation field broadly.

A qualitative researcher seeking EB-2 with national interest waiver claiming to advance education research on mental health and student behavior. AAO affirmed denial because petitioner lacked sufficient academic research experience, had no meaningful citation record, and provided only general plans without credible detail or demonstrated progress toward the proposed endeavor.

Information technology instructor seeking NIW for continued STEM education work. Claimed national importance based on government STEM policy alignment and recognition as top instructor. AAO affirmed denial, finding substantial merit but no national importance; instructor status and top performer recognition insufficient without demonstrating broader impact on IT or STEM education fields.

Educator and child welfare professional seeks NIW for EB-2. Claims proposed endeavor using drawing interpretation as early detection tool for behavioral anomalies in students has national importance. AAO holds specific endeavor lacks national importance; merely working in important field is insufficient, and petitioner provided unsupported assertions rather than detailed evidence of prospective impact.

An educational teacher and entrepreneur with an advanced degree sought EB-2 NIW for an education center serving special needs children and after-school courses. The AAO affirmed the director's denial, finding the proposed business lacked national importance because it would not impact the field broadly beyond her own clientele and showed no potential for substantial U.S. employment.

An early-childhood educator sought EB-2 classification with national interest waiver. The AAO found the petitioner categorically ineligible for EB-2 and dismissed the appeal because the proposed endeavor was inconsistently articulated between filings, preventing analysis under Dhanasar.

Self-petitioner, educational consultant with advanced degree seeking EB-2 NIW for early intervention educational services. Claimed substantial merit and national importance. AAO dismissed, finding proposed endeavor has merit but lacks national importance; services limited to prospective students without documented broader industry impact.

An aviation instructor sought EB-2 NIW to teach pilots in the United States. The AAO dismissed the appeal because the petitioner failed to establish national importance of his teaching endeavor. Post-filing claims about founding his own flight school introduced new facts unsupported at time of filing.

English professor self-petitioner claimed extraordinary ability through three evidentiary criteria. AAO found petitioner failed to meet the judging criterion and could not reach three criteria minimum. AAO also found no sustained national or international acclaim demonstrating extraordinary ability required for EB-1A classification.

Entrepreneur in foreign language teaching sought EB-2 advanced degree classification with national interest waiver to start language school. AAO dismissed, finding proposed endeavor lacks national importance under Dhanasar's first prong; no broader implications or substantial economic effects demonstrated beyond petitioner's own school.

School head with two master's degrees sought NIW under EB-2 as advanced degree professional. Proposed continuing work leading school focused on indigenous and foreign language revitalization and cultural heritage preservation. AAO sustained appeal, finding all three Dhanasar prongs satisfied based on alignment with federal initiatives and demonstrated success in field.

Physical education instructor with advanced degree sought EB-2 NIW. AAO held the proposed endeavor lacks national importance; training programs benefit individual clients but do not establish broader fitness industry implications or substantial economic effects required.

Human development specialist sought EB-2 NIW. AAO affirmed denial: record did not demonstrate how her services differed from standard services or had broader implications in her field. Additionally, petitioner failed to establish underlying EB-2 eligibility.

STEM teacher seeking EB-2 advanced degree classification and national interest waiver for proposed teaching position. AAO dismissed, finding proposed endeavor had substantial merit but lacked national importance because teaching activities would not impact field broadly or produce substantial positive economic effects.

Educator seeking NIW to develop strategies and methods for early childhood education using project-based learning. Qualifies as advanced degree professional but fails to establish national importance; proposed endeavor insufficiently detailed and narrowly scoped to individual student instruction. Appeal dismissed.

An information scientist seeks EB-2 NIW to establish a consulting company creating training materials for clients. AAO dismissed because the proposed endeavor lacks national importance and the petitioner is not well-positioned to advance it; consulting with freelance contractors does not establish employment of U.S. workers or substantial national economic benefit.

Special education teacher sought EB-2 national interest waiver for proposed teaching work. AAO dismissed appeal because petitioner failed to establish national importance of her specific proposed endeavor; shortage in special education field and generic work did not demonstrate broader implications or substantial positive economic effects required.

A teacher sought NIW EB-2 classification proposing flashcard teaching methodology in underserved communities. The AAO found the endeavor has substantial merit but lacks national importance, as it would not impact education broadly and evidence did not establish specific prospective impact.