Published AAO appeal decisions

High school mathematics teacher with fifteen years experience seeks NIW for EB-2 to develop hybrid and distance learning instructional framework. AAO dismissed appeal because petitioner failed to address USCIS findings on the third Dhanasar prong and waived the issue by failing to contest specific conclusions about impracticality of labor certification and national benefit.

Training and development specialist sought NIW for STEM education framework under Dhanasar. Advanced degree established. First prong failed: while endeavor had substantial merit, record lacked evidence of national importance and broad prospective impact. Framework described as scalable and replicable without detail or demonstrated innovation. Second and third prongs not reached.

Educational technology researcher claimed NIW for health literacy research advancing competency-based learning. AAO held proposed endeavor lacks demonstrated national importance despite university adoption at one institution, and applicant failed to show recent productivity or sustained research continuation warranting waiver.

Mathematics educator with 17 years teaching experience sought NIW for EB-2 classification. AAO affirmed SCOPS denial, finding the proposed endeavor lacked national importance because impacts were limited to her company and students without demonstrating broader field-level benefits or innovation.

A petitioner with education background in emergency preparedness and school-based disaster response filed a motion to reopen and reconsider a dismissed national interest waiver appeal. The AAO dismissed the motion because the petitioner presented no new facts not previously submitted and failed to demonstrate the prior decision was based on incorrect law or policy.

Professional in employee training and development sought EB-2 national interest waiver. Failed NIW Dhanasar first prong; proposed nationwide capacity-building endeavor lacks demonstrated national importance and lacks specific scalable model or significant U.S. employment potential.

A musician and music educator sought EB-2 immigrant classification with national interest waiver. SCOPS established advanced degree eligibility but denied the waiver. The AAO remanded because SCOPS failed to sufficiently analyze the three Dhanasar prongs and did not put the petitioner on notice of evidentiary deficiencies.

Educator proposing nationwide framework for teacher quality and early childhood education, seeking EB-2 NIW. AAO held petitioner failed Dhanasar prong two: insufficient evidence of being well positioned to advance endeavor given limited experience and lack of stakeholder support from relevant officials.

Education and public safety specialist seeks EB-2 NIW for proposed security services business and training company. Petitioner qualifies as advanced degree professional but failed to establish national importance of endeavor or evidence of success positioning her to advance it, thus ineligible for waiver.

An ESL teacher sought EB-2 NIW classification. The AAO dismissed a third motion to reconsider, finding the petitioner reargued previously rejected arguments without establishing error in law or policy. The underlying denial stood because the petitioner failed to demonstrate national importance of his proposed endeavor.

An educator sought EB-2 national interest waiver for her proposed endeavor in education. The AAO dismissed her fifth motion to reopen, finding no new facts warranting reconsideration of the prior denial that her specific educational endeavor lacked demonstrated national importance despite general field importance.

Research professor proposed STEM research endeavor and sought national interest waiver as self-petitioner. AAO found endeavor has national importance and beneficiary well positioned, but dismissed appeal because urgency of national interest insufficient to justify waiving labor certification requirement.

Petitioner seeking national interest waiver for Yoruba heritage and language education program submitted business plan projecting job creation and program expansion. AAO found the proposed endeavor lacked substantial merit and national importance, affecting only students rather than the field broadly, and petitioner not well-positioned given limited teaching credentials relative to comparators.

Archaeologist with Egyptian Ph.D. in Islamic archaeology seeking EB-2 with national interest waiver for research comparing African American and Mamluk civilizations. First prong met; teaching and media production endeavors lacked sufficient specificity. AAO affirmed dismissal because petitioner failed second prong: education alone insufficient to show well-positioned status without demonstrated research success or external support.

Linguistics researcher with advanced degree sought NIW under Dhanasar framework. AAO found research endeavor nationally important but dismissed because petitioner not well-positioned to advance it; limited citations and lack of institutional support insufficient; prong three not reached.

An educator and entrepreneur sought NIW as EB-2. The service center approved the endeavor's national importance but denied the petition finding insufficient evidence of qualifications, viable business planning, or stakeholder support. The AAO affirmed, holding the petitioner not well positioned to advance the proposed endeavor under Dhanasar's second prong.

Historian with advanced degree sought EB-2 national interest waiver for expert witness services and market analysis. AAO affirmed denial, finding proposed endeavor lacks demonstrated national importance: no evidence of broader impact, economic effects, or industry innovations required by Dhanasar first prong.

Teaching assistant and researcher in instructional design and technology sought EB-2 with NIW for research in AR/VR educational applications. The AAO affirmed denial, finding endeavor has substantial merit but lacks national importance and petitioner is not well-positioned to advance it beyond university impact.

A system engineer with a doctorate in management science and engineering seeks EB-2 classification and national interest waiver to operate a digitized international online university. He submitted published articles and job announcements as evidence of positioning. The AAO dismissed the appeal, finding he failed the second prong: his earlier research and cited positions lack sufficient connection to the proposed university endeavor, and the university itself exists only in planning stages.

Spanish language educator seeks national interest waiver for unspecified EB-2 employment-based classification. AAO held applicant failed to reliably identify and clearly demonstrate ability to advance proposed endeavor under Dhanasar second prong, so waiver denied.

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.

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.

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.

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.