Published AAO appeal decisions

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.

Doctoral student seeking EB-1A classification claimed judging and original contribution criteria. AAO dismissed motions to reopen and reconsider, affirming that participation in project evaluation and conference presentations did not satisfy evidentiary requirements for extraordinary ability.

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.

Children's book author sought EB-1A extraordinary ability classification. AAO found petitioner met three evidentiary criteria but director's final merits determination was incomplete and contradictory. AAO remanded case for director to conduct full analysis of all evidence and provide complete explanation for any denial.

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.

A physical education specialist met three evidentiary criteria but failed the final merits analysis. The AAO found his peer review experience, publication record, and conference participation insufficient to demonstrate sustained national or international acclaim among the top tier.

An anatomist and professor seeks EB-1A extraordinary ability classification. He claimed five criteria including awards, published material, and original contributions. The AAO found the Director met two criteria but failed to adequately analyze three others, requiring remand for proper analysis of specific evidence.

An economic historian in Turkey and Germany with two books and scholarly articles sought EB-1A classification. Though meeting three initial criteria, the AAO dismissed the appeal, finding the petitioner lacked sustained national or international acclaim. One book publication seven years prior with 34 citations did not demonstrate top-tier field recognition required.

An economics instructor and former professor sought extraordinary ability classification, claiming scholarly articles, judging, original contributions and a leading or critical role. The AAO agreed two criteria were met but found the other two unmet because contributions lacked major significance and the organization's distinguished reputation was unproven, so the appeal was dismissed.