Published AAO appeal decisions

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.

An education administrator and entrepreneur sought NIW under EB-2. The AAO dismissed on two independent grounds: she failed to establish EB-2 qualification and her proposed endeavor of owning three education businesses in California lacked demonstrated national importance and broader field impact.

An educational specialist and consultant sought EB-2 classification with national interest waiver to establish a consultancy business. The AAO dismissed the appeal, finding the specific proposed endeavor lacked national importance despite the petitioner's emphasis on education field importance and teacher shortages.

A language educator with an advanced degree sought EB-2 NIW classification. The AAO dismissed because the petitioner failed the first Dhanasar prong: while her endeavor in language education had substantial merit, she did not demonstrate national importance. Her curriculum development and teaching activities lacked broader implications beyond her immediate students and employer.

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.

An assistant professor self-petitioned for EB-1A extraordinary ability, claiming six criteria. The AAO dismissed, finding she satisfied only two (judging and scholarly articles): she needed three. The award lacked national recognition, and the aggregate record did not establish sustained acclaim or membership in the very top of her field.

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.

School owner and educator seeking EB-2 with national interest waiver based on proposed consulting company. AAO held petitioner failed first Dhanasar prong because proposed endeavor lacks national importance; generalized education publications do not demonstrate broader implications required for eligibility.

Education administrator with advanced degree seeking EB-2 NIW for business expansion consultancy to schools. Petitioner qualified for underlying classification but failed Dhanasar first prong; prior academic and employment experience and general industry information insufficient to establish national importance.

A high school mathematics teacher seeking EB-2 with national interest waiver for developing online lesson plans with adaptive learning. Initially approved, then revoked. AAO dismissed on de novo review, finding the endeavor lacked national importance as it only impacted the petitioner's classroom without broader field implications.

Business owner and performer in events and theater seeking EB-2 NIW. Claimed national importance based on advancing children's social and emotional development in education. AAO found endeavor lacked demonstrated national importance and specific impact on claimed educational problems, affecting only direct clients without broader industry implications.

A vocational counselor and entrepreneur seeking EB-2 with national interest waiver. Claimed endeavor would help individuals enter workforce sustainably. AAO dismissed, finding the proposed work lacked national importance because it relied on the importance of the field rather than demonstrating specific endeavor impact beyond local scope.

A self-petitioner seeking EB-2 national interest waiver as entrepreneur proposed an after-school bilingual childcare program. The AAO dismissed the appeal, finding the endeavor lacked national importance: generalized evidence about education and bilingualism did not establish how this specific startup would have broader field implications or substantial economic effects.

A professor of urban and regional planning in Brazil claims extraordinary ability. He met one of ten evidentiary criteria (judging) but the AAO found he did not meet three required. The record lacks evidence of sustained national or international acclaim or position at the very top of the field.

ESL teacher with master's degree seeks EB-2 national interest waiver. Petitioner claimed teaching is substantial merit and nationally important. AAO held proposed endeavor lacks national importance; teaching activities would not extend beyond individual students to impact field broadly.

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.

Special education teacher seeking NIW to operate special education services business. Claimed endeavor creates jobs and serves national need. AAO held endeavor has substantial merit but lacks national importance; projected job creation and revenues insufficient to demonstrate benefits beyond immediate students and customers.

A petitioner sought NIW for an educational technology platform to improve STEM education. The AAO affirmed dismissal because the specific proposed endeavor lacked national importance. Although STEM education has merit, the petitioner failed to demonstrate how the platform would broadly impact the field beyond its prospective students or achieve substantial economic effects.

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.

Spanish language teacher sought EB-2 national interest waiver for work as language teaching advisor. AAO held that while serving Hispanic and Latino students is valuable, the specific proposed endeavor lacks national importance because its impact is limited to students and schools rather than broadly affecting the education field.

A violinist and music instructor sought EB-2 classification as person of exceptional ability and NIW. The AAO dismissed because she failed to meet the three-criterion threshold for exceptional ability: employment letters lacked required form, claimed professional association membership unsubstantiated, and submitted evidence did not show significant contributions to field.

Public school employer petitioned for high school science teacher beneficiary as extraordinary ability. Beneficiary met only two criteria: judging and high salary. Award not major and internationally recognized. Did not meet three-criterion threshold or demonstrate sustained acclaim. Appeal dismissed.

Psychologist self-petitioner claimed national interest waiver for proposed multidisciplinary team providing services to vulnerable youth addressing homelessness. AAO held petitioner failed first Dhanasar prong: showed youth homelessness is nationally important but not that her specific endeavor has prospective impact or differs from existing solutions; lacked business plan and specific operational details.

A provider of training and educational services to U.S. newcomers sought NIW for EB-2 classification. The AAO affirmed denial, finding her proposed endeavor has substantial merit but lacks the national importance required under Dhanasar because it would not broadly affect the educational field.

A dual-language educator seeks NIW for teaching and educational content development. The AAO dismissed the appeal, holding that although the field has substantial merit, the petitioner failed to detail, quantify, or document where activities will occur or provide evidence of prospective impact rising to national importance.