Published AAO appeal decisions

Childcare education professional seeking EB-2 exceptional ability with national interest waiver. Met all six initial evidence criteria but failed final merits determination showing expertise significantly above ordinary in field. Appeal dismissed without reaching NIW prongs.

An assistant professor in classics sought a national interest waiver for EB-2 classification. The AAO held the proposed endeavor—study of ancient inscriptions, preservation of epigraphical resources, and classics teaching—has substantial merit but lacks the requisite national importance under Dhanasar's first prong, and did not address the remaining prongs.

Science and chemistry teacher sought EB-2 NIW claiming endeavor to advance STEM education. AAO affirmed denial, holding classroom teaching activities, while meritorious, lack demonstrated impact on STEM education field broadly; importance of STEM field and teacher shortage insufficient without specific evidence of proposed endeavor national importance. Second and third prongs reserved.

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.

Early childhood educator and entrepreneur proposes establishing daycare centers in three states. AAO found substantial merit but not national importance of the specific endeavor, holding projected job creation and revenue insufficient without evidence of broader field implications or economically depressed area impact.

An early childhood and special education teacher sought EB-2 classification as an individual of exceptional ability, plus a national interest waiver. The AAO dismissed the appeal, finding that the membership and recognition criteria were not met and that expertise significantly above the norm was not shown, and reserved the waiver question.

Musician and teacher with advanced degree claimed an NIW for music education and cultural projects. AAO rejected the waiver because the proposed endeavor lacked national importance; teaching music individually, without demonstrated broad economic or sectoral impact, does not meet Dhanasar's threshold.

A petitioner seeks EB-2 NIW to operate a Florida-based financial literacy education company for K-12 schools. Petitioner established advanced degree eligibility but failed to demonstrate national importance despite general significance of financial education field and modest projected job creation.

Mathematics teacher seeking EB-2 with national interest waiver. Petitioner claimed her work addresses STEM teacher shortages and supports educational priorities. AAO found the specific proposed endeavor lacks national importance because its impact remains confined to her students and employer, not extending to the education field broadly.

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.

Foreign language teacher and entrepreneur proposed bilingual education center using sign languages and Portuguese. Petitioner established substantial merit but failed to demonstrate national importance; projected job creation and revenue lacked supporting detail and showed limited economic impact beyond local region.

A high school and college teacher with a PhD in education administration seeks a national interest waiver to develop AI-based curriculum and teaching methods. The AAO affirmed denial because the petitioner failed to show the proposed endeavor would extend beyond individual students to impact the field more broadly at a national level, falling short of the substantial merit and national importance prong.

Special education teacher sought EB-2 NIW to establish a company providing training and development for inclusive education. AAO held she qualifies as advanced degree professional, but proposed endeavor lacks national importance; while addressing teacher shortage is important, services benefit only company clients without broader field implications.

Language specialist claimed EB-2 advanced degree professional classification with national interest waiver. AAO affirmed denial because applicant's three-year foreign degree does not establish equivalence to a U.S. bachelor's degree required for EB-2 eligibility. Dhanasar prongs not addressed.

Applied linguist seeking NIW for EB-2 classification claimed research on marginalized populations has national importance. AAO dismissed appeal, finding substantial merit but no evidence prospective impact rises to national importance; research lacks demonstrated policy influence or broad implications.

English language arts teacher proposed studying Florida's state assessment test impact in charter schools to improve student outcomes. AAO found the study too narrow in geographic and topical scope to demonstrate national importance despite letters claiming transformative field impact.

Foreign language teacher and entrepreneur seeking NIW for specialized educational center serving children with learning difficulties. Claimed job creation and tax benefits demonstrate national importance. AAO found endeavor lacks broader implications extending beyond company and clientele to impact field or economy at national level.

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.

A flight training curriculum manager seeking EB-2 national interest waiver claimed the proposed endeavor addresses pilot shortage with national importance. The AAO dismissed, finding insufficient evidence that the consulting services would extend beyond specific companies or offer innovations with wider implications for aviation industry advancement.

A preschool teacher sought EB-2 advanced degree classification and NIW for a regional teaching business. The AAO dismissed the appeal, finding the endeavor had substantial merit but lacked national importance, with insufficient evidence of broader field impact or substantial economic benefits.

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.

A university professor and administrator seeks an EB-2 NIW to operate a higher education consulting business using a proprietary algorithm. The AAO dismissed, finding substantial merit but no evidence the business would broadly impact the field or achieve national importance.

Petroleum engineer proposing educational technology startup for energy workforce sought EB-2 NIW classification. AAO held endeavor had substantial merit but lacked national importance under Dhanasar because petitioner failed to demonstrate prospective impact beyond direct students or how platform would broadly influence field.

A research economist and professor sought EB-2 classification with NIW. The AAO dismissed the appeal, finding the petitioner qualified as advanced degree professional but failed to establish national importance. Research on equity and low-income communities lacked evidence of prospective impact beyond personal employer.

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.