Published AAO appeal decisions

A recreation and fitness studies teacher with an advanced degree sought an EB-2 national interest waiver. The Director found his initial proposed endeavor as a classroom teacher lacked national importance. The petitioner then proposed a sports academy business instead, creating a new and inconsistent set of facts. The AAO dismissed, finding the proposed endeavor lacked definitive description and did not demonstrate national importance.

Adapted physical education instructor and entrepreneur seeking EB-2 NIW to establish swim school and training programs for persons with disabilities. Petitioner submitted evidence of public health importance and job creation. AAO dismissed appeal, finding petitioner failed to establish national importance because endeavor lacked broader field impact and dissemination beyond limited participant group.

An education administrator and entrepreneur sought NIW for an EB-2 educational services business. The AAO found the endeavor had substantial merit but lacked national importance because it would not impact the field beyond direct students and clients, dismissing the appeal.

Entrepreneur in physical education sought NIW for martial arts academy serving athletes with special needs. AAO dismissed because petitioner did not qualify for underlying EB-2 (insufficient post-baccalaureate experience) and proposed endeavor lacked demonstrated national importance despite substantial merit.

Church and homeschool teacher sought EB-2 with NIW. AAO dismissed appeal, finding petitioner qualified as advanced degree holder but failed to establish national importance of teaching endeavor, which only benefits individual students, not broader education system.

Entrepreneur seeks EB-2 NIW to establish educational and research institute in social sciences and contemporary history. AAO found proposed endeavor has substantial merit but lacks national importance; no evidence of significant U.S. employment potential or substantial positive economic effects commensurate with national importance.

An educator seeking EB-2 NIW to provide educational consulting on learning modalities and AI in neuroeducation. AAO held proposed endeavor lacks national importance because consulting services to specific clients lack broader field-level implications required by Dhanasar framework.

Elementary school teacher sought EB-2 advanced degree classification with NIW. AAO withdrew Director's EB-2 eligibility finding due to insufficient evidence of five years progressive experience; conflicting employment letters had minimal probative value. First Dhanasar prong failed: teaching third grade lacks national importance despite merit.

Elementary school teacher and entrepreneur with Brazilian education degree sought EB-2 classification for exceptional ability and NIW. Although she met three of six evidence criteria, AAO held her evidence did not establish expertise significantly above ordinarily encountered in her field, lacking demonstration of distinguished contributions or achievements beyond employers and students.

Residential advisor with master's degrees seeks EB-2 NIW to establish and direct residential life office at university. AAO found endeavor has substantial merit but not national importance; proposed job creation and institutional benefits insufficient to demonstrate substantial positive economic effects at national level.

Language and music professor seeks NIW for teaching Portuguese through music literacy program. AAO held the proposed endeavor lacks national importance because it would impact only his students without broader implications for the field or U.S. economy. Appeal dismissed.

Former educator with advanced degree seeks EB-2 NIW for proposed educational consulting services addressing children's mental health. Director found advanced degree eligibility but denied NIW. AAO affirmed, holding proposed work lacks national importance despite merit because consulting activities would not impact educational field broadly beyond individual clients. Petition also missing required Form ETA 750B.

ESOL teacher sought EB-2 with national interest waiver. AAO dismissed appeal finding substantial merit in teaching endeavor but no national importance. Work in economically depressed area insufficient; proposed benefits to students' employment prospects too attenuated to demonstrate regional or national economic impact.

A learning specialist with an education doctorate seeks NIW for an EB-2 advanced degree position. She proposed teaching academic skills, designing retention programs, and creating a website. The AAO rejected her claim that teaching or a vaguely described website demonstrates national importance, finding the endeavor lacks the prospective impact required by Dhanasar.

A distance education specialist sought EB-2 and NIW. AAO dismissed appeal, finding substantial merit but no national importance. The proposed endeavor impacts only individual students or clients, not the broader field. Applicant also lacks U.S. market knowledge and independent consulting experience.

Vocational training and career development specialist with advanced degree sought EB-2 and NIW for employment services industry work. AAO dismissed appeal; petitioner demonstrated substantial merit but not national importance, as proposed endeavor would benefit specific clients rather than advance industry or economy at national level.

Language specialist sought NIW for EB-2 classification. AAO dismissed because petitioner did not qualify for underlying EB-2 (foreign degree not equivalent to bachelor's and lacked five years post-degree experience) and teaching endeavor lacked national importance despite occurring in important field.

English language arts teacher seeking NIW for EB-2 advanced degree classification. Claimed national importance through educational innovation and research at correctional facility. AAO held proposed endeavor lacks national importance; impact remains localized to students and employer, lacking broader field implications required by Dhanasar.

IT instructor with advanced degree seeks NIW for EB-2 classification to provide IT training and workforce development to reduce crime and close digital divide. AAO dismissed appeal, holding the proposed endeavor lacked national importance; teaching students does not demonstrate broader impact on IT field or substantial economic effects.

A professor sought EB-1A classification based on extraordinary ability. She claimed three criteria: judging, scholarly articles, and critical role. The AAO found two criteria met but required three, and the record lacked evidence of national or international acclaim required for the classification.

Education administrator sought EB-2 exceptional ability and NIW. AAO found two-year degree not equivalent to US bachelor's, insufficient post-baccalaureate experience, non-credible work hour claims, and satisfied only one of six exceptional ability criteria, thus ineligible for underlying classification.

Tech author, journalist, and educator claimed three criteria. Director found two met; petitioner claimed original contributions on appeal. AAO affirmed two criteria met but rejected original contributions finding letters lacked specificity on major significance. Did not reach final merits after finding fewer than three criteria established.

Educational researcher self-petitioner with advanced degree claimed national interest waiver for research in gifted education and cram schools. AAO affirmed denial because proposed endeavor lacks clear definition and specific prospective impact; field importance alone insufficient.

An entrepreneur seeking EB-2 classification as exceptional ability individual and NIW claimed eligibility under one exceptional ability criterion but failed to meet at least three required criteria. The AAO dismissed the appeal, finding no established exceptional ability and therefore no basis for NIW consideration.

A vocational agriculture teacher sought EB-1A classification. He claimed membership, scholarly articles, and critical role criteria. The AAO found he did not establish major award status or three alternate criteria. His association memberships did not require outstanding achievements, articles were unpublished or not in major media, and teaching work was not a critical role. Appeal dismissed.