Published AAO appeal decisions

An instructional coordinator with a master's in TESOL proposed implementing virtual reality technology in schools. The AAO dismissed, finding substantial merit but no national importance; expansion to multiple schools does not equate to national or global implications required.

An English teacher and administrator seeking EB-2 with NIW claimed five years of progressive post-baccalaureate experience. The AAO affirmed denial because employment letters lacked specific employment dates, hours worked, and detailed duties, failing to establish the required years of experience.

Social worker with advanced degree sought NIW for EB-2. She claimed her endeavor in behavioral and emotional support for youth had national importance. AAO held the endeavor lacked national importance because it would serve only specific families without broader impact on pedagogy or social work fields.

A foreign language teacher and entrepreneur proposed a company offering foreign language classes and specialized education services, claiming forty years experience and job creation. The AAO held the endeavor lacks national importance because it does not extend beyond the company and clientele to impact the field broadly, failing the first Dhanasar prong.

Author, motivational speaker, and leadership teacher sought NIW for EB-2 classification to conduct training and mentoring in leadership development. AAO dismissed appeal, finding proposed endeavor lacks national importance as impact limited to direct students, and petitioner failed to demonstrate positioning to advance endeavor despite advanced degrees.

Child development psychologist sought NIW under EB-2. Director found substantial merit but not national importance. AAO affirmed, finding no evidence proposed work extends beyond clients and students to impact field broadly or create substantial U.S. jobs and economic effects.

A mathematics teacher sought EB-2 classification with a national interest waiver. The petition was first approved, then revoked by the Director. The AAO dismissed the appeal because the record did not show an advanced degree equivalent or five years of progressive experience, and it reserved the Dhanasar prongs.

A chief academic officer self-petitioner sought EB-2 classification with national interest waiver for online education business. The AAO dismissed because the petitioner failed to articulate a specific proposed endeavor, instead describing multiple overlapping positions and activities without clear delineation.

A journalism professor proposing an open-access radio content institute for training and broadcasting. AAO held that while substantial merit was established, national importance was not; evidence lacked demonstrable prospective impact on field or broader implications commensurate with national significance.

Doctoral student seeking EB-1A classification claimed judging and original contribution criteria. AAO dismissed motions to reopen and reconsider, affirming that participation in project evaluation and conference presentations did not satisfy evidentiary requirements for extraordinary ability.

Postsecondary education administrator sought NIW for EB-2. Petitioner claimed endeavor through company would advance education market, generate tax revenue, and employ 14 workers with 29 indirect jobs. AAO dismissed, finding record does not establish specific endeavor has national importance and business plan projections alone do not show substantial economic effects commensurate with national importance.

Children's book author sought EB-1A extraordinary ability classification. AAO found petitioner met three evidentiary criteria but director's final merits determination was incomplete and contradictory. AAO remanded case for director to conduct full analysis of all evidence and provide complete explanation for any denial.

Education administrator with foreign master's degree and baccalaureate sought EB-2 advanced degree or exceptional ability classification with national interest waiver. AAO affirmed director finding petitioner lacked five years progressive experience in specialty and failed three exceptional ability criteria; did not reach waiver analysis.

A physical education specialist met three evidentiary criteria but failed the final merits analysis. The AAO found his peer review experience, publication record, and conference participation insufficient to demonstrate sustained national or international acclaim among the top tier.

An anatomist and professor seeks EB-1A extraordinary ability classification. He claimed five criteria including awards, published material, and original contributions. The AAO found the Director met two criteria but failed to adequately analyze three others, requiring remand for proper analysis of specific evidence.

An economic historian in Turkey and Germany with two books and scholarly articles sought EB-1A classification. Though meeting three initial criteria, the AAO dismissed the appeal, finding the petitioner lacked sustained national or international acclaim. One book publication seven years prior with 34 citations did not demonstrate top-tier field recognition required.

An economics instructor and former professor sought extraordinary ability classification, claiming scholarly articles, judging, original contributions and a leading or critical role. The AAO agreed two criteria were met but found the other two unmet because contributions lacked major significance and the organization's distinguished reputation was unproven, so the appeal was dismissed.

Assistant professor of international studies sought EB-2 with national interest waiver. Director approved first prong but denied second prong. AAO reversed, withdrawing national importance finding due to vague endeavor description and unclear future employment, and affirmed failure on second prong regarding positioning.

Ecology thought leader and activist claimed extraordinary ability through published material, original contributions, and leading critical role. AAO found published material criterion not met due to translation issues and publications not qualifying as major media. Without three criteria met, petitioner failed initial evidence requirement and lacked demonstrated sustained acclaim.

Bioethicist with Ph.D. seeking NIW for university faculty and ethics consultation role. First prong met but second and third prongs failed because training was incomplete at filing, petitioner was not yet independent researcher, and lacked sufficient track record of successful research.

Teacher with advanced degree sought NIW waiver for EB-2 classification to teach English language learners. AAO held proposed endeavor lacked national importance under Dhanasar first prong; teacher's work, though meritorious, impacts only specific school, not education field broadly or U.S. economy nationally.

Teacher sought EB-2 exceptional ability classification and NIW. AAO dismissed: petitioner did not meet three of six exceptional ability criteria and failed underlying classification. Additionally, AAO found petitioner willfully misrepresented authorship of four publications submitted as evidence.

Urban planning researcher with PhD sought NIW for research in sustainable urban planning and environmental justice. AAO affirmed Director's denial: first prong met but second prong failed because petitioner lacked evidence of success, implementation, or influence in the field despite research experience and publications.

Youth minister seeks NIW as EB-2 advanced degree professional. Claimed substantial merit and national importance of providing youth outreach ministerial services addressing mental health and opioid epidemic. AAO found no national importance; work lacks evidence of significant potential economic effects or broader field impact beyond specific clientele.

Education specialist sought national interest waiver for EB-2 classification. AAO dismissed appeal, finding the proposed endeavor of professionalizing teachers lacked sufficient specificity and documentation to meet the first prong of Dhanasar framework requiring substantial merit and national importance. AAO also found willful material misrepresentation regarding professional research experience.