Published AAO appeal decisions

A petitioner sought EB-2 NIW classification for a Russian economics graduate. The AAO dismissed her combined motion to reopen and reconsider, holding the bachelor degree was completed in less than four years and the academic evaluation did not credibly establish foreign equivalency to a U.S. four-year degree.

Educator proposing nationwide framework for teacher quality and early childhood education, seeking EB-2 NIW. AAO held petitioner failed Dhanasar prong two: insufficient evidence of being well positioned to advance endeavor given limited experience and lack of stakeholder support from relevant officials.

STEM education platform developer sought EB-2 with national interest waiver. Petitioner established substantial merit but failed to demonstrate national importance of specific online educational endeavor. Platform lacks broader field impact beyond prospective students; revenue projections and employment forecasts do not show substantial national economic effects.

Airline pilot and engineer seeks NIW for EB-2 to establish aviation safety training company in HUBZone. AAO dismissed appeal, finding endeavor has substantial merit but lacks national importance; speculative training program lacks broad implications beyond proposed company clientele.

An urban and regional planning researcher sought EB-2 classification with a national interest waiver. The AAO found the proposed endeavor had substantial merit but lacked national importance, as it did not demonstrate novel innovation or broader field-wide impact comparable to Dhanasar examples. The first NIW prong failed, and remaining prongs were not reached; the appeal was dismissed.

Special education coordinator sought EB-2 NIW to establish Texas education consultancy. AAO dismissed appeal, finding petitioner failed to establish national importance of the specific endeavor, which lacked identifiable unique methodologies or prospective broad impact beyond local service provision.

A professional in international educational development with advanced degree sought NIW under EB-2. AAO dismissed because while the field is important, the petitioner failed to demonstrate national importance of her specific endeavor—placing visiting teachers in U.S. classrooms—which lacks broad implications beyond limited participants.

Education and public safety specialist seeks EB-2 NIW for proposed security services business and training company. Petitioner qualifies as advanced degree professional but failed to establish national importance of endeavor or evidence of success positioning her to advance it, thus ineligible for waiver.

An early childhood educator and behavioral counselor with master's degree sought EB-2 national interest waiver for consulting business training educators in underserved communities. The AAO dismissed, holding that the proposed endeavor lacks national importance; working in an important field, addressing labor shortages, or providing regional services does not establish prospective impact at a national level.

A robotics educator seeks EB-2 classification to develop a STEM education model teaching applied robotics to vulnerable youth. AAO held the petitioner failed to meet exceptional ability requirements, satisfying only two of ten criteria, and did not reach the national interest waiver analysis.

Self-petitioner teacher proposes English language instruction business in Florida targeting legal immigrant communities, claiming alignment with federal immigration priorities. AAO dismissed because petitioner failed to establish national importance; addressing important social issue insufficient; no evidence of broader field impact, substantial economic effects, or nationwide job creation.

An ESL teacher sought EB-2 NIW classification. The AAO dismissed a third motion to reconsider, finding the petitioner reargued previously rejected arguments without establishing error in law or policy. The underlying denial stood because the petitioner failed to demonstrate national importance of his proposed endeavor.

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.