Published AAO appeal decisions

An aircraft mechanic sought EB-2 classification with a national interest waiver to develop aviation maintenance training programs. SCOPS found the endeavor had substantial merit but the AAO affirmed dismissal, holding the petitioner failed to establish national importance because the record lacked specifics on prospective impact and the expert letter addressed industry importance rather than the specific proposed endeavor's impact.

A petitioner sought EB-2 advanced degree or exceptional ability classification with national interest waiver under Dhanasar. The AAO dismissed the motion to reopen, finding the petitioner resubmitted identical documentation already in the record without new facts supported by evidence, and failed to comply with Form I-290B instructions for filing additional materials.

Petitioner sought EB-2 national interest waiver. Motion to reconsider argued prior AAO decision misapplied the Dhanasar framework and evidentiary standards. AAO dismissed because petitioner merely reargued facts already considered and failed to identify specific legal or policy errors in the prior decision.

Advanced degree professional sought EB-2 national interest waiver. Petitioner reargued facts and legal claims already considered on appeal and two prior motions without citing new precedent or showing incorrect application of law. Motion to reconsider dismissed; underlying petition remains denied.

Transportation inspector identified critical design flaw in helicopter system affecting 1000 worldwide units; seeks EB-2 NIW as technical consultant or instructor. AAO dismissed because petitioner failed to establish national importance by not clarifying proposed endeavor implementation, employment potential, or demonstrating how specific prospective work would have broader national implications.

Entrepreneur with thirty-five years in mining sought EB-2 national interest waiver. The AAO dismissed, finding while substantial merit was established, the proposed mining services endeavor lacked national importance. Evidence showed intent to serve clients and expand geographically, but failed to demonstrate prospective impact sufficient to rise to national importance level.

A certified flight instructor and pilot with a Master's degree in Aeronautics sought a national interest waiver to work as a designated pilot examiner. The AAO affirmed denial, finding the proposed endeavor has substantial merit but lacks national importance; it benefits individual trainees but lacks broader field or sector impact required by Dhanasar.

A pilot seeks EB-2 national interest waiver. The AAO dismissed a prior appeal finding no national importance. The motion to reopen, based on filing a subsequent petition, provides no new material facts established at the time of the original filing, so the motion is dismissed.

Advanced degree professional sought NIW for EB-2 as commercial pilot, flight instructor, and consultant. AAO found substantial merit but rejected national importance prong, concluding proposed endeavor lacks sufficient breadth or impact to benefit national economy as required by Dhanasar framework. Appeal dismissed.

An airplane pilot sought EB-2 national interest waiver for a proposed aviation training business in Florida. AAO dismissed the appeal, finding the petitioner failed to demonstrate national importance. The business plan lacked specifics on wages, worker numbers, location, and how the endeavor would have broader implications beyond the aviation industry.

Commercial pilot and flight instructor seeks EB-2 classification with national interest waiver. Petitioner failed to establish foreign equivalent to U.S. advanced degree; diploma was three-year credential equivalent to only U.S. bachelor's degree. Intended occupation does not meet profession requirement; petition dismissed.

An airline pilot sought EB-2 classification with a national interest waiver to work as a pilot and ground instructor. The AAO dismissed the appeal because the petitioner failed to establish that his proposed endeavor addressing pilot shortage had substantial merit or national importance; support letters remained too vague about prospective impact.

A commercial airline pilot and captain with advanced qualifications proposed pilot and flight instructor work and aviation safety consultancy. The AAO held his expertise and prior success, while relevant to positioning under the second prong, do not establish national importance of the specific proposed endeavor, which lacks demonstrated broader implications for the aviation industry.

Pilot with advanced degree seeks EB-2 classification with national interest waiver. AAO affirmed denial, finding petitioner failed to demonstrate that proposed aviation safety and survival training endeavor has national importance beyond immediate clientele, focusing on specific endeavor rather than industry importance.

Rope access specialist sought EB-2 national interest waiver. AAO held endeavor lacks national importance because general industry benefits do not demonstrate prospective impact commensurate with national scope. Appeal dismissed without reaching second and third Dhanasar prongs.

Pilot seeking NIW to provide aviation instruction services. AAO dismissed appeal, finding the proposed endeavor lacks national importance under Dhanasar because instruction would not impact the field more broadly and occupational shortages are addressed through labor certification.

A military chaplain with advanced foreign degrees sought EB-2 classification and national interest waiver. The AAO found she met the advanced degree requirement but dismissed her appeal because her proposed military chaplain endeavor lacked demonstrated national importance beyond serving individual servicemembers.

Automotive service technician seeks EB-2 NIW for process toolmaking and quality control in automotive manufacturing. AAO dismissed appeal on two independent grounds: deficient signature on appeal form, and lack of national importance of proposed endeavor under Dhanasar first prong.

An airline pilot sought a national interest waiver under the Dhanasar framework, relying on the shortage of pilots and the importance of aviation. The AAO dismissed the appeal because the proposed endeavor, though meritorious, was not shown to have national importance. The other two prongs were reserved.

Commercial pilot seeks EB-2 NIW to work in aviation and pilot training. AAO dismissed appeal because proposed endeavor lacks national importance; general economic benefits and labor shortage mitigation insufficient under Dhanasar; second and third prongs not reached.

An individual of exceptional ability in occupational safety and business sought EB-2 classification and national interest waiver. The AAO dismissed the appeal because although the substantial merit was established, the petitioner failed to demonstrate that her proposed training and consulting business had national importance as required by the Dhanasar framework.

A commercial pilot and flight instructor sought NIW as EB-2 advanced degree professional claiming to address pilot shortage. The AAO dismissed the appeal, finding the proposed endeavor too vaguely defined and lacking evidence that his work would have substantial merit or national importance despite aviation industry challenges.

Airplane pilot seeking EB-2 advanced degree with NIW. Proposed work as commercial airline pilot and trainer. AAO affirmed denial: lacks sufficiently specific endeavor; industry-wide pilot shortage does not establish national importance of individual's work; endeavor too vague to assess impact.

Commercial pilot sought NIW for EB-2 exceptional ability. Claimed endeavor had substantial merit but lacked national importance under Dhanasar. Industry articles discussing pilot shortage did not demonstrate specific national impact of petitioner's proposed flight training school. Appeal dismissed.

An airline pilot seeking EB-2 classification with NIW based on proposal to teach flight instruction claims his endeavor has national importance. AAO held the proposed endeavor lacks national importance because evidence does not show impact on field or economy beyond individual students, thus failing first prong of Dhanasar; appeal dismissed.