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.