Published AAO appeal decisions

A Kyrgyz history and culture scholar claims extraordinary ability in EB-1A. Director found evidentiary criteria met but denied on final merits. AAO sustained denial, finding the petitioner accomplished but not among the very top of the field despite national recognition and publications.

Foreign language teacher and entrepreneur seeking NIW for specialized educational center serving children with learning difficulties. Claimed job creation and tax benefits demonstrate national importance. AAO found endeavor lacks broader implications extending beyond company and clientele to impact field or economy at national level.

Petitioner seeking national interest waiver for Yoruba heritage and language education program submitted business plan projecting job creation and program expansion. AAO found the proposed endeavor lacked substantial merit and national importance, affecting only students rather than the field broadly, and petitioner not well-positioned given limited teaching credentials relative to comparators.

A flight training curriculum manager seeking EB-2 national interest waiver claimed the proposed endeavor addresses pilot shortage with national importance. The AAO dismissed, finding insufficient evidence that the consulting services would extend beyond specific companies or offer innovations with wider implications for aviation industry advancement.

A preschool teacher sought EB-2 advanced degree classification and NIW for a regional teaching business. The AAO dismissed the appeal, finding the endeavor had substantial merit but lacked national importance, with insufficient evidence of broader field impact or substantial economic benefits.

Archaeologist with Egyptian Ph.D. in Islamic archaeology seeking EB-2 with national interest waiver for research comparing African American and Mamluk civilizations. First prong met; teaching and media production endeavors lacked sufficient specificity. AAO affirmed dismissal because petitioner failed second prong: education alone insufficient to show well-positioned status without demonstrated research success or external support.

A university professor and administrator seeks an EB-2 NIW to operate a higher education consulting business using a proprietary algorithm. The AAO dismissed, finding substantial merit but no evidence the business would broadly impact the field or achieve national importance.

Petroleum engineer proposing educational technology startup for energy workforce sought EB-2 NIW classification. AAO held endeavor had substantial merit but lacked national importance under Dhanasar because petitioner failed to demonstrate prospective impact beyond direct students or how platform would broadly influence field.

A research economist and professor sought EB-2 classification with NIW. The AAO dismissed the appeal, finding the petitioner qualified as advanced degree professional but failed to establish national importance. Research on equity and low-income communities lacked evidence of prospective impact beyond personal employer.

Linguistics researcher with advanced degree sought NIW under Dhanasar framework. AAO found research endeavor nationally important but dismissed because petitioner not well-positioned to advance it; limited citations and lack of institutional support insufficient; prong three not reached.

Teacher with advanced degrees in chemistry and environmental chemistry seeks NIW for environmental science teaching position. Petitioner claimed his teaching endeavor had substantial merit and national importance. AAO held classroom teaching lacks national importance absent evidence of broader field impact.

Applied linguistics researcher and teacher seeks EB-2 NIW. Claimed field expertise and research focus establish national importance of proposed endeavor. AAO dismissed, finding proposed research lacks original innovations or national or global implications in applied linguistics commensurate with national importance requirement.

Researcher with advanced degree in risk and crisis communication seeks NIW. Petitioner claimed field importance and research funding establish national importance. AAO held the specific proposed research endeavor lacks national importance; field importance alone insufficient without evidence of broad prospective impact.

Entrepreneur seeking EB-2 NIW to create startup offering free AI-based higher education classes. AAO held appeal dismissed because petitioner failed to establish EB-2 eligibility; unverified master's degree and unclear profession prevented establishing advanced degree requirement; NIW analysis not reached.

An assistant professor claimed extraordinary ability in academia. The AAO dismissed the appeal, finding she abandoned some claims and failed to overcome the director's determinations on awards, membership, publications, original contributions, and critical role.

Educational consultant and geography education researcher with advanced degree claimed NIW for teaching and GIS research at university. AAO found proposed endeavor lacked specificity and failed to demonstrate national importance beyond university setting. Appeal dismissed.

An entrepreneur in early childhood education sought EB-2 with NIW for an educational services firm projecting 79 jobs and $20 million revenue. The AAO dismissed, finding the petitioner failed to establish advanced degree eligibility and that the endeavor lacked national importance; projected job creation and sectoral impact were insufficient and unsubstantiated by evidence.

An educator and entrepreneur sought NIW as EB-2. The service center approved the endeavor's national importance but denied the petition finding insufficient evidence of qualifications, viable business planning, or stakeholder support. The AAO affirmed, holding the petitioner not well positioned to advance the proposed endeavor under Dhanasar's second prong.

Bilingual educator with master's degree in education innovation sought EB-2 with NIW to continue K-12 work and develop STEAM curricula. AAO held she qualified for EB-2 but failed first Dhanasar prong: proposed endeavor lacked national importance despite substantial merit, lacking prospective impact beyond direct students.

An expert in human capital formation with a doctoral degree sought EB-2 national interest waiver to operate a nonprofit advancing STEM education and gender equity. The AAO found substantial merit but no national importance; the work was limited to one Texas community college without broader field implications.

Preschool and drama teacher sought NIW claiming exceptional ability. AAO dismissed appeal, finding petitioner failed to establish either advanced degree or exceptional ability. With only four years teaching experience and no extraordinary expertise, petitioner did not qualify for underlying EB-2 classification.

A special education teacher sought EB-2 national interest waiver. The AAO dismissed the appeal after determining the proposed endeavor lacked national importance; it would benefit only her school and students, not the field broadly, despite its merit.

An anti-bullying educator sought EB-2 NIW for a pedagogical intervention project to reduce bullying in schools. The AAO agreed the endeavor had substantial merit but found insufficient evidence that the specific program would have national importance or influence beyond the schools served.

Early childhood education entrepreneur with advanced degree sought national interest waiver for EB-2 employment-based second preference without job offer. AAO affirmed dismissal: proposed daycare business lacked evidence of national importance, broader industry implications, or substantial positive economic effects required under Dhanasar's first prong.

A teacher seeking to establish a company offering ADHD training for parents and educators claimed national interest waiver eligibility. The AAO found the endeavor has substantial merit but lacks national importance because it would only benefit her direct clients without sufficient broader implications for the field or economy.