Published AAO appeal decisions

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.

English professor self-petitioner claimed extraordinary ability through three evidentiary criteria. AAO found petitioner failed to meet the judging criterion and could not reach three criteria minimum. AAO also found no sustained national or international acclaim demonstrating extraordinary ability required for EB-1A classification.

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.

STEM teacher seeking EB-2 advanced degree classification and national interest waiver for proposed teaching position. AAO dismissed, finding proposed endeavor had substantial merit but lacked national importance because teaching activities would not impact field broadly or produce substantial positive economic effects.

Educator seeking NIW to develop strategies and methods for early childhood education using project-based learning. Qualifies as advanced degree professional but fails to establish national importance; proposed endeavor insufficiently detailed and narrowly scoped to individual student instruction. Appeal dismissed.

An information scientist seeks EB-2 NIW to establish a consulting company creating training materials for clients. AAO dismissed because the proposed endeavor lacks national importance and the petitioner is not well-positioned to advance it; consulting with freelance contractors does not establish employment of U.S. workers or substantial national economic benefit.

Special education teacher sought EB-2 national interest waiver for proposed teaching work. AAO dismissed appeal because petitioner failed to establish national importance of her specific proposed endeavor; shortage in special education field and generic work did not demonstrate broader implications or substantial positive economic effects required.

A teacher sought NIW EB-2 classification proposing flashcard teaching methodology in underserved communities. The AAO found the endeavor has substantial merit but lacks national importance, as it would not impact education broadly and evidence did not establish specific prospective impact.

A recreation and fitness studies teacher with an advanced degree sought an EB-2 national interest waiver. The Director found his initial proposed endeavor as a classroom teacher lacked national importance. The petitioner then proposed a sports academy business instead, creating a new and inconsistent set of facts. The AAO dismissed, finding the proposed endeavor lacked definitive description and did not demonstrate national importance.

Adapted physical education instructor and entrepreneur seeking EB-2 NIW to establish swim school and training programs for persons with disabilities. Petitioner submitted evidence of public health importance and job creation. AAO dismissed appeal, finding petitioner failed to establish national importance because endeavor lacked broader field impact and dissemination beyond limited participant group.

An education administrator and entrepreneur sought NIW for an EB-2 educational services business. The AAO found the endeavor had substantial merit but lacked national importance because it would not impact the field beyond direct students and clients, dismissing the appeal.

Entrepreneur in physical education sought NIW for martial arts academy serving athletes with special needs. AAO dismissed because petitioner did not qualify for underlying EB-2 (insufficient post-baccalaureate experience) and proposed endeavor lacked demonstrated national importance despite substantial merit.

Church and homeschool teacher sought EB-2 with NIW. AAO dismissed appeal, finding petitioner qualified as advanced degree holder but failed to establish national importance of teaching endeavor, which only benefits individual students, not broader education system.

Entrepreneur seeks EB-2 NIW to establish educational and research institute in social sciences and contemporary history. AAO found proposed endeavor has substantial merit but lacks national importance; no evidence of significant U.S. employment potential or substantial positive economic effects commensurate with national importance.

An educator seeking EB-2 NIW to provide educational consulting on learning modalities and AI in neuroeducation. AAO held proposed endeavor lacks national importance because consulting services to specific clients lack broader field-level implications required by Dhanasar framework.

Elementary school teacher sought EB-2 advanced degree classification with NIW. AAO withdrew Director's EB-2 eligibility finding due to insufficient evidence of five years progressive experience; conflicting employment letters had minimal probative value. First Dhanasar prong failed: teaching third grade lacks national importance despite merit.