Published AAO appeal decisions

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.