Published AAO appeal decisions

English language and literature teacher sought EB-2 with national interest waiver. Claimed advanced degree professional or exceptional ability status. AAO held petitioner did not meet EB-2 eligibility requirements; foreign degree unrelated to proposed endeavor; did not satisfy three of six exceptional ability criteria; Dhanasar analysis reserved.

Educational researcher self-petitioner with advanced degree claimed national interest waiver for research in gifted education and cram schools. AAO affirmed denial because proposed endeavor lacks clear definition and specific prospective impact; field importance alone insufficient.

An entrepreneur seeking EB-2 classification as exceptional ability individual and NIW claimed eligibility under one exceptional ability criterion but failed to meet at least three required criteria. The AAO dismissed the appeal, finding no established exceptional ability and therefore no basis for NIW consideration.

An instructional coordinator with a master's in TESOL proposed implementing virtual reality technology in schools. The AAO dismissed, finding substantial merit but no national importance; expansion to multiple schools does not equate to national or global implications required.

An English teacher and administrator seeking EB-2 with NIW claimed five years of progressive post-baccalaureate experience. The AAO affirmed denial because employment letters lacked specific employment dates, hours worked, and detailed duties, failing to establish the required years of experience.

Social worker with advanced degree sought NIW for EB-2. She claimed her endeavor in behavioral and emotional support for youth had national importance. AAO held the endeavor lacked national importance because it would serve only specific families without broader impact on pedagogy or social work fields.

A foreign language teacher and entrepreneur proposed a company offering foreign language classes and specialized education services, claiming forty years experience and job creation. The AAO held the endeavor lacks national importance because it does not extend beyond the company and clientele to impact the field broadly, failing the first Dhanasar prong.

Author, motivational speaker, and leadership teacher sought NIW for EB-2 classification to conduct training and mentoring in leadership development. AAO dismissed appeal, finding proposed endeavor lacks national importance as impact limited to direct students, and petitioner failed to demonstrate positioning to advance endeavor despite advanced degrees.

Child development psychologist sought NIW under EB-2. Director found substantial merit but not national importance. AAO affirmed, finding no evidence proposed work extends beyond clients and students to impact field broadly or create substantial U.S. jobs and economic effects.

A mathematics teacher sought EB-2 classification with a national interest waiver. The petition was first approved, then revoked by the Director. The AAO dismissed the appeal because the record did not show an advanced degree equivalent or five years of progressive experience, and it reserved the Dhanasar prongs.

A chief academic officer self-petitioner sought EB-2 classification with national interest waiver for online education business. The AAO dismissed because the petitioner failed to articulate a specific proposed endeavor, instead describing multiple overlapping positions and activities without clear delineation.

A journalism professor proposing an open-access radio content institute for training and broadcasting. AAO held that while substantial merit was established, national importance was not; evidence lacked demonstrable prospective impact on field or broader implications commensurate with national significance.

Postsecondary education administrator sought NIW for EB-2. Petitioner claimed endeavor through company would advance education market, generate tax revenue, and employ 14 workers with 29 indirect jobs. AAO dismissed, finding record does not establish specific endeavor has national importance and business plan projections alone do not show substantial economic effects commensurate with national importance.

Education administrator with foreign master's degree and baccalaureate sought EB-2 advanced degree or exceptional ability classification with national interest waiver. AAO affirmed director finding petitioner lacked five years progressive experience in specialty and failed three exceptional ability criteria; did not reach waiver analysis.

Assistant professor of international studies sought EB-2 with national interest waiver. Director approved first prong but denied second prong. AAO reversed, withdrawing national importance finding due to vague endeavor description and unclear future employment, and affirmed failure on second prong regarding positioning.

Bioethicist with Ph.D. seeking NIW for university faculty and ethics consultation role. First prong met but second and third prongs failed because training was incomplete at filing, petitioner was not yet independent researcher, and lacked sufficient track record of successful research.

Teacher with advanced degree sought NIW waiver for EB-2 classification to teach English language learners. AAO held proposed endeavor lacked national importance under Dhanasar first prong; teacher's work, though meritorious, impacts only specific school, not education field broadly or U.S. economy nationally.

Teacher sought EB-2 exceptional ability classification and NIW. AAO dismissed: petitioner did not meet three of six exceptional ability criteria and failed underlying classification. Additionally, AAO found petitioner willfully misrepresented authorship of four publications submitted as evidence.

Urban planning researcher with PhD sought NIW for research in sustainable urban planning and environmental justice. AAO affirmed Director's denial: first prong met but second prong failed because petitioner lacked evidence of success, implementation, or influence in the field despite research experience and publications.

Youth minister seeks NIW as EB-2 advanced degree professional. Claimed substantial merit and national importance of providing youth outreach ministerial services addressing mental health and opioid epidemic. AAO found no national importance; work lacks evidence of significant potential economic effects or broader field impact beyond specific clientele.

Education specialist sought national interest waiver for EB-2 classification. AAO dismissed appeal, finding the proposed endeavor of professionalizing teachers lacked sufficient specificity and documentation to meet the first prong of Dhanasar framework requiring substantial merit and national importance. AAO also found willful material misrepresentation regarding professional research experience.

Elementary school teacher seeks NIW for classroom instruction in special education and Portuguese language, plus hypothetical cultural center activities. AAO held classroom teaching and curriculum development lack national importance because one additional teacher does not mitigate workforce shortage or provide discernible impact.

A physics teacher sought NIW for EB-2 classification. The AAO held that while science education has aggregate national importance, one teacher's classroom and supplemental professional development work lacks the national importance required; addressing teacher shortages is the purpose of labor certification, not NIW.

Teacher with master's degree seeking EB-2 national interest waiver for public school ELL instruction role. AAO dismissed appeal, finding his proposed teaching work, despite merit and addressing teacher shortage, lacks national importance because it would not impact education field broadly beyond his particular school.

Computer science graduate seeking EB-2 national interest waiver claimed intent to teach business courses or work as financial analyst to combat cyberattacks. AAO dismissed appeal because petitioner failed to clearly identify a specific proposed endeavor and any such endeavor lacked national importance or prospective economic impact.