Published AAO appeal decisions

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.

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.

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.

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.

Instructional technologist with Ph.D. seeking EB-2 national interest waiver. Petitioner established first prong of Dhanasar framework for substantial merit and national importance of proposed endeavor. AAO dismissed because petitioner failed second prong; evidence did not demonstrate adequate record of success or that others in field recognize his work sufficiently.

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.

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.