Published AAO appeal decisions

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.

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.

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.

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.

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 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.

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.

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.

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.