Published AAO appeal decisions

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.

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.

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.

A certified flight instructor curriculum developer sought EB-2 NIW, claiming the endeavor would modernize pilot training and address national pilot shortages. The AAO dismissed, finding insufficient evidence that her specific teaching methods would extend beyond her institutions or impact the aviation field broadly.

A qualitative researcher seeking EB-2 with national interest waiver claiming to advance education research on mental health and student behavior. AAO affirmed denial because petitioner lacked sufficient academic research experience, had no meaningful citation record, and provided only general plans without credible detail or demonstrated progress toward the proposed endeavor.

Information technology instructor seeking NIW for continued STEM education work. Claimed national importance based on government STEM policy alignment and recognition as top instructor. AAO affirmed denial, finding substantial merit but no national importance; instructor status and top performer recognition insufficient without demonstrating broader impact on IT or STEM education fields.

Educator and child welfare professional seeks NIW for EB-2. Claims proposed endeavor using drawing interpretation as early detection tool for behavioral anomalies in students has national importance. AAO holds specific endeavor lacks national importance; merely working in important field is insufficient, and petitioner provided unsupported assertions rather than detailed evidence of prospective impact.

An educational teacher and entrepreneur with an advanced degree sought EB-2 NIW for an education center serving special needs children and after-school courses. The AAO affirmed the director's denial, finding the proposed business lacked national importance because it would not impact the field broadly beyond her own clientele and showed no potential for substantial U.S. employment.

An early-childhood educator sought EB-2 classification with national interest waiver. The AAO found the petitioner categorically ineligible for EB-2 and dismissed the appeal because the proposed endeavor was inconsistently articulated between filings, preventing analysis under Dhanasar.

Early childhood and elementary school teacher seeking national interest waiver for EB-2 classification. Petitioner claimed Portuguese teaching role had national importance. AAO found endeavor lacked demonstrated national importance and broader field implications required by Dhanasar; appeal dismissed.

Self-petitioner, educational consultant with advanced degree seeking EB-2 NIW for early intervention educational services. Claimed substantial merit and national importance. AAO dismissed, finding proposed endeavor has merit but lacks national importance; services limited to prospective students without documented broader industry impact.

An aviation instructor sought EB-2 NIW to teach pilots in the United States. The AAO dismissed the appeal because the petitioner failed to establish national importance of his teaching endeavor. Post-filing claims about founding his own flight school introduced new facts unsupported at time of filing.

Entrepreneur in foreign language teaching sought EB-2 advanced degree classification with national interest waiver to start language school. AAO dismissed, finding proposed endeavor lacks national importance under Dhanasar's first prong; no broader implications or substantial economic effects demonstrated beyond petitioner's own school.

School head with two master's degrees sought NIW under EB-2 as advanced degree professional. Proposed continuing work leading school focused on indigenous and foreign language revitalization and cultural heritage preservation. AAO sustained appeal, finding all three Dhanasar prongs satisfied based on alignment with federal initiatives and demonstrated success in field.

Physical education instructor with advanced degree sought EB-2 NIW. AAO held the proposed endeavor lacks national importance; training programs benefit individual clients but do not establish broader fitness industry implications or substantial economic effects required.

Human development specialist sought EB-2 NIW. AAO affirmed denial: record did not demonstrate how her services differed from standard services or had broader implications in her field. Additionally, petitioner failed to establish underlying EB-2 eligibility.

Education administrator seeks EB-2 advanced degree and NIW. AAO affirmed denial, finding substantial merit established but national importance not demonstrated. Petitioner's bilingual elementary teaching and coordination in public schools lacks prospective impact beyond her specific students and schools.