Published AAO appeal decisions

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.

Elementary school teacher sought EB-1A extraordinary ability classification. Claimed original contributions, scholarly articles, and high salary. AAO found only scholarly articles criterion met, falling short of the three required to proceed to final merits determination. Appeal dismissed.

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 rabbi and historian sought EB-1A extraordinary ability classification. The petitioner claimed four criteria but met none. The AAO found published material did not appear in required outlets and educational certifications do not constitute prizes for excellence. The petitioner failed to demonstrate sustained national or international acclaim required for the classification.

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.

An educator with a PhD in engineering seeks EB-1A extraordinary ability classification. The AAO affirmed denial because she met only one of seven claimed criteria and has not demonstrated the sustained national or international acclaim required for this highly restrictive classification.

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.

A business and social psychology researcher sought EB-1A extraordinary ability classification. AAO found he did not receive a major award and met only two of ten criteria, not the required three. Letters of recommendation and citation records did not establish major significance of contributions. Appeal dismissed.

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.