Published AAO appeal decisions

Elementary school teacher seeks NIW for classroom instruction in special education and Portuguese language, plus hypothetical cultural center activities. AAO held classroom teaching and curriculum development lack national importance because one additional teacher does not mitigate workforce shortage or provide discernible impact.

A physics teacher sought NIW for EB-2 classification. The AAO held that while science education has aggregate national importance, one teacher's classroom and supplemental professional development work lacks the national importance required; addressing teacher shortages is the purpose of labor certification, not NIW.

Teacher with master's degree seeking EB-2 national interest waiver for public school ELL instruction role. AAO dismissed appeal, finding his proposed teaching work, despite merit and addressing teacher shortage, lacks national importance because it would not impact education field broadly beyond his particular school.

Computer science graduate seeking EB-2 national interest waiver claimed intent to teach business courses or work as financial analyst to combat cyberattacks. AAO dismissed appeal because petitioner failed to clearly identify a specific proposed endeavor and any such endeavor lacked national importance or prospective economic impact.

A human resources and labor researcher and professor sought EB-1A extraordinary ability classification. She claimed five criteria. The AAO affirmed denial, finding she satisfied only judging and scholarly articles, failing to meet the three-criterion threshold and showing no sustained national or international acclaim characteristic of the top tier.

A postsecondary education administrator sought EB-2 with national interest waiver. She claimed advanced degree eligibility and intended to continue education administration work, proposing benefits to higher education broadly. The AAO affirmed denial, finding no evidence her specific endeavor extends beyond individual employers to affect the field or system at a national level.

Art critic and scholar lecturer met only two evidentiary criteria, failing to reach the required three. Published material criterion withdrawn on appeal; original contributions lacked substantiation, and record demonstrated no sustained national or international acclaim.

Mathematics educator sought EB-1A extraordinary ability classification. AAO dismissed, finding only two of three required criteria met (judging and scholarly articles). Coaching awards lacked evidence of national recognition, and publications did not meet major media standards.

Human rights educator and professor seeking EB-1A extraordinary ability. Met three initial criteria: judging, leading role, and scholarly articles. Final merits analysis found insufficient evidence of sustained acclaim, citation impact, or placement among the very small percentage at the very top of the field, resulting in dismissal.

Religious faith writer sought EB-1A extraordinary ability classification. Claimed five criteria including awards, publications, and scholarly articles. AAO affirmed denial because petitioner met only one of three required criteria and failed to demonstrate sustained acclaim at the very top of the field.

A special education teacher and coordinator sought an EB-2 classification with a national interest waiver. Her advanced degree was accepted, but the AAO held that her proposed work, though meritorious, lacked national importance because its impact stayed at her school and teacher shortages alone were insufficient. The remaining prongs were not examined.

A special education researcher sought EB-1A classification. AAO found she met only two criteria: judging and scholarly articles. Original contributions rejected because reference letters lacked specifics and citations did not demonstrate major significance beyond local context. Appeal dismissed.

A rhetorical linguist with a Ph.D. seeking EB-1A classification claimed four criteria. The AAO found she met two (judging and scholarly articles) but not three required. The appeal was dismissed because her accomplishments do not demonstrate sustained national or international acclaim or place her among the small percentage at the very top of her field.

University professor and jurist self-petitioner claimed extraordinary ability in education. AAO reversed Director's findings on awards and judging, finding only scholarly articles criterion met. Since fewer than three criteria were satisfied, AAO dismissed appeal without reaching final merits determination.

Theater professor met three initial criteria: judging festivals, authoring one scholarly work, and directing theatrical performances. However, at final merits determination, the AAO found her achievements did not demonstrate sustained national or international acclaim or placement among the very top of the field. Appeal dismissed.

Music teacher claimed extraordinary ability via awards, membership, published material, and scholarly articles. Failed to demonstrate awards were nationally recognized or that memberships required expert judgment. Published material lacked major medium status. AAO found insufficient evidence of three criteria and no sustained international acclaim.

An education researcher and assistant professor sought national interest waiver. The AAO found her research on remedial education had substantial merit and national importance, satisfying prong one. However, she failed prong two: her publications had minimal citations, no evidence of broader field impact, and no record of success in advancing the research, so no waiver was warranted.

Sixth-grade math teacher with computer science degree seeks EB-2 NIW for teaching and special education endeavor. AAO found proposed endeavor has substantial merit but lacks national importance, being limited to local school district. Appeal dismissed on first prong failure.

A special education teacher sought a national interest waiver for EB-2 classification under Dhanasar. The AAO affirmed dismissal because her proposed work, while meritorious, lacks national importance beyond her individual institution and does not affect the broader field of special education.

A high school science teacher sought EB-2 NIW classification to teach in rural North Dakota. Under Dhanasar, the petitioner proved well-positioned to advance science education but failed to demonstrate national importance; the work's benefit was local or state-level. The appeal was dismissed for failing the first prong.

Public administration professor and development institute director in Korea sought EB-2 national interest waiver. AAO dismissed appeal, finding petitioner failed to identify specific proposed endeavor with sufficient clarity and did not establish substantial merit, national importance, or that waiver would benefit the United States.

Spanish language teacher and specialist sought EB-1A extraordinary ability in education. Petitioner claimed six criteria but provided insufficient documentation for each. Director found only two criteria met; petitioner failed to meet the required three. AAO affirmed dismissal, finding no extraordinary ability demonstrated.

Mathematics professor claimed extraordinary ability in education and sought EB-1A classification. Petitioner met one of ten required criteria (scholarly articles) but did not satisfy awards, original contributions, critical role, or salary requirements. AAO dismissed appeal for failure to meet minimum three-criterion threshold.

Journalist covering South Asia sought extraordinary ability classification. Claimed six criteria but met only one. Decision rejected award nomination, articles not about petitioner, judging unsupported by documentation, and journalism work lacking field-wide impact despite employment at distinguished news organization.

A foreign language instructor seeks EB-1A extraordinary ability classification in education. He claimed six of ten regulatory criteria were met. The AAO found awards, published material, and judging criteria unmet under the plain language requirements and comparable evidence rules. The petition was dismissed because the petitioner failed to establish the requisite level of sustained acclaim.