Published AAO appeal decisions

A petitioner sought to establish extraordinary ability for their beneficiary, claiming satisfaction of regulatory criteria without a major award. Although the service center found three criteria met, the AAO withdrew one finding on published material and found the totality of evidence did not demonstrate sustained national or international acclaim or placement among the very top of the field, dismissing the appeal.

Industrial product company petitioned for an EB-2 national interest waiver for a product engineering team lead with a master's in mechanical engineering. The AAO dismissed the appeal, finding the petitioner failed to establish the proposed endeavor's substantial merit and national importance under Dhanasar's first prong, lacking sufficient detail on how the work would impact U.S. infrastructure beyond the company.

A technician sought EB-2 classification with a national interest waiver, claiming exceptional ability. The AAO found the petitioner failed to submit required initial evidence for EB-2 qualification and did not establish exceptional ability. Because EB-2 eligibility was not shown, the NIW analysis was not reached.

A quality control manager with an advanced degree seeks EB-2 national interest waiver. The AAO dismissed the appeal, finding the beneficiary's proposed work as a quality control manager lacked sufficient prospective impact to satisfy the national importance prong of Dhanasar, even in a strategically important defense infrastructure sector.

Pilot sought EB-2 national interest waiver for aviation training endeavor. AAO found proposed work has substantial merit but lacks national importance under Dhanasar's first prong. Letters of support insufficient; no evidence of broader industry impact or substantial positive economic effects. Second and third prongs not reached.

Regulatory services company sponsored employee for EB-2 advanced degree classification. SCOPS and AAO found the beneficiary's master's degree in pharmaceutics does not qualify as regulatory affairs or biomedical sciences as required by the job. Appeal dismissed; not a national interest waiver decision.

An employer petitioned for a websystems administrator under EB-2 advanced degree category with labor certification. The service center revoked approval due to an undisclosed familial relationship between the beneficiary and the petitioner's president. The AAO found the labor certification remained valid but remanded to determine whether either party willfully misrepresented material facts.

A nonprofit foundation sought EB-2 classification for a safety and health specialist based on advanced degree. The AAO affirmed denial because the foundation failed to demonstrate ability to pay the proffered wage from tax returns, and a co-executive director's personal commitment to fund the position was insufficient.

Aircraft mechanic seeking EB-2 NIW claimed training programs and maintenance improvements would address aviation mechanic shortage with national importance. AAO dismissed, finding proposed endeavor lacks sufficient national importance and would not impact field broadly beyond individual trainees or employers.

An aviation company petitioned for a national interest waiver to employ a copilot with over twenty years of airline experience. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance because it would benefit only one individual with no broader impact on the aviation industry or economy.

Truck and heavy machinery mechanic sought EB-1A extraordinary ability classification. AAO dismissed, finding petitioner met only one of four claimed criteria and failed to demonstrate sustained national or international acclaim required for final merits determination.

Weapons development specialist from Ukraine sought EB-1A extraordinary ability classification. AAO dismissed, finding petitioner met at least three criteria but failed final merits determination, showing only government-level recognition without demonstrating sustained national or international acclaim.

A cosmetologist seeks EB-2 NIW classification. The director found exceptional ability and that petitioner was well-positioned to advance the endeavor. The AAO affirmed lack of national importance: the business plan showed no substantial positive economic effects in New York or industry-wide impact on cosmetology, dismissing the appeal.

Employer petitions for beneficiary seeking EB-2 NIW; beneficiary proposed to work as company president providing moving services to domestic violence victims. AAO affirmed dismissal of motion to reopen; proposed endeavor lacks national importance despite admirable purpose; benefits limited to customers, no broader field implications.

A pilot sought EB-2 NIW for work as search and rescue and air ambulance pilot-instructor. The AAO dismissed the appeal because the petitioner failed to establish national importance: the proposed work would not have broader implications for aviation, did not show significant potential to employ U.S. workers, and offered no substantial economic effects.

An airline industry entrepreneur sought EB-2 exceptional ability with NIW. The AAO affirmed dismissal because the petitioner did not demonstrate expertise significantly above ordinary in the aviation industry. The decision did not reach NIW analysis.

An automotive glass manufacturer petitioned for an employee with experience in judging and scholarly publications in the field. The AAO found the beneficiary met two criteria but dismissed the appeal because the totality of evidence did not demonstrate sustained national or international acclaim or placement among the very top in the field.

Pilot and flight instructor seeking EB-2 exceptional ability and national interest waiver. Director found substantial merit but denied national importance and NIW. AAO affirmed, concluding petitioner's proposed work training crew members and pilots does not have prospective impact rising to national importance level under Dhanasar.

Flight instructor with ratings from four countries seeking EB-2 and national interest waiver. Petitioner met three exceptional ability criteria and underwent final merits determination. AAO affirmed denial, finding petitioner's training work does not have prospective impact rising to national importance under Dhanasar framework.

An airline pilot seeking EB-2 with national interest waiver. The AAO found no specific, detailed proposed endeavor beyond continuing commercial pilot work. The petitioner failed to establish substantial merit and national importance, confusing industry shortage with endeavor-specific national importance under Dhanasar. Appeal dismissed.

A karting distributor petitioned for EB-2 classification with national interest waiver for a beneficiary. The AAO dismissed the appeal because the beneficiary did not meet at least three of six exceptional ability criteria, making the national interest waiver issue moot.

Employer-sponsored airfield operations specialist sought EB-2 NIW. Underlying EB-2 eligibility not determined by director. AAO dismissed appeal, finding proposed airport operations work lacks national importance; benefits limited to single employer without broader aviation field impact.

A commercial aircraft pilot sought EB-2 exceptional ability classification with a national interest waiver. Although he met three evidentiary criteria by plain language, the final merits determination found he lacked expertise significantly above ordinary in his field. The AAO affirmed dismissal without reaching the waiver framework.

An eyeglass manufacturer petitioned for a quality control inspector, seeking EB-2 classification as an advanced degree professional or person of exceptional ability, plus a national interest waiver. The appeal was dismissed because none of the exceptional ability criteria or the advanced degree requirement was shown, so the waiver analysis was not reached.

Pilot sought EB-2 with national interest waiver. AAO found advanced degree equivalent established but rejected NIW claim. Proposed endeavor of airline piloting lacks demonstrable national importance beyond industry-wide pilot shortage. Letters and advisory opinion failed to explain specific endeavor impact. Appeal dismissed.