Published AAO appeal decisions

Airline pilot seeking EB-2 advanced degree or exceptional ability with national interest waiver. AAO affirmed dismissal on appeal and motion decisions because petitioner failed to establish national importance prong despite Director finding substantial merit. Second and third Dhanasar prongs not analyzed.

Pilot with advanced degree seeking EB-2 NIW classification changed proposed endeavor significantly in response to RFE rather than establishing national importance of initial petition. AAO found material change impermissible and that original pilot/airline captain endeavor lacked sufficient detail and documentation to demonstrate substantial merit and national importance.

Fire prevention specialist claimed extraordinary ability under EB-1A. Petitioner satisfied three criteria: membership, scholarly articles, and leading role. AAO held final merits prong failed: although respected locally and in capital city, petitioner lacked sustained national or international acclaim required; articles had limited impact; patents unproven in commercial production or significance.

Aircraft mechanic sought EB-2 exceptional ability classification and national interest waiver. AAO found petitioner failed to establish exceptional ability under three of six regulatory criteria, including insufficient experience, salary not demonstrating exceptional ability, and membership in professional association not meeting regulatory requirements. Appeal dismissed; Dhanasar framework not reached.

A petitioner sought EB-2 advanced degree or exceptional ability classification and NIW. AAO dismissed appeal because petitioner did not establish foreign three-year degree equivalent to U.S. baccalaureate or exceptional ability; NIW analysis not reached.

An entrepreneur and electrician sought EB-2 exceptional ability classification and a national interest waiver. The AAO dismissed because he satisfied only two of six required evidentiary criteria and therefore could not proceed to final merits or Dhanasar analysis.

A professional holding an advanced degree sought a national interest waiver of the job offer requirement. The director found the advanced degree qualification met but denied the waiver. The AAO dismissed the appeal because the proposed endeavor was not shown to have national importance, and it reserved the remaining prongs.

Commercial airline pilot sought EB-2 NIW for pilot services. AAO held petitioner lacks exceptional ability under underlying EB-2 classification and did not establish endeavor national importance. Appeal dismissed.

Airline pilot sought EB-2 classification with NIW. AAO dismissed the appeal because petitioner failed to establish exceptional ability under EB-2 standards; threshold EB-2 eligibility was not met, making NIW analysis unnecessary.

Automotive repair mechanic and operations manager seeking EB-2 exceptional ability with national interest waiver. AAO affirmed dismissal because evidence does not show exceptional ability—expertise significantly above ordinary in field. Threshold EB-2 qualification not met; Dhanasar analysis not reached.

Individual claiming exceptional ability in sciences, arts or business seeks EB-2 NIW. Did not establish underlying EB-2 classification eligibility. AAO dismissed appeal without reaching NIW framework because petitioner failed foundational requirement of demonstrating advanced degree or exceptional ability status.

A truck driver and business owner in road transport and logistics sought EB-2 classification and national interest waiver. The AAO held his proposed occupation does not qualify as a profession requiring an advanced degree under EB-2 standards, rendering him ineligible for the waiver.

A pilot sought EB-2 exceptional ability classification with national interest waiver. The AAO affirmed the Director's finding that he did not meet three of six regulatory criteria for exceptional ability, failing to establish EB-2 eligibility. Dhanasar framework analysis was not required; appeal dismissed.

A commercial pilot sought EB-2 exceptional ability classification with a national interest waiver. The AAO found he met fewer than three exceptional ability criteria, since a pilot association membership was not shown to be a professional association. It reserved the waiver question, so this is not a Dhanasar merits decision.

Construction tradesman sought NIW for occupational health and safety consulting. AAO dismissed appeal because repeated material misrepresentations about the proposed endeavor vitiated eligibility, and even setting those aside, the endeavor lacked national importance and petitioner was not well positioned to advance it.

A self-petitioner researcher in geospatial information management sought an NIW as an advanced degree professional. The AAO affirmed denial, finding she demonstrated substantial merit and was well-positioned but failed to establish the national importance of her proposed research as required by Dhanasar's first prong.

A pilot sought EB-2 classification with national interest waiver. The AAO found the petitioner failed to meet evidentiary criteria for exceptional ability or advanced degree professional status, lacking sufficient documentation from employers and relevant credentials, and therefore was ineligible for the underlying classification and waiver.

A pilot seeking EB-2 exceptional ability classification and NIW failed to submit required labor certification and did not clearly specify whether seeking classification as advanced degree professional or exceptional ability individual. The AAO dismissed the appeal because the petitioner did not establish EB-2 eligibility or merit for NIW under Dhanasar framework.

Industrial technician seeks exceptional ability classification and NIW. AAO found petitioner did not meet initial evidentiary requirements for EB-2 exceptional ability, particularly lacking education or experience in proposed CEO role. Did not reach NIW merits.

A commercial pilot seeking national interest waiver for EB-2 exceptional ability classification. AAO held that pilot's evidence—flight school completion, licensing, and employer letters—did not demonstrate exceptional ability as regulatory standard requires; salary evidence post-dated filing and lacked context.

Self-petitioner claims extraordinary ability and receipt of Hispanic American World Congress award. AAO affirmed denial, finding the award does not meet the narrow standard for major, internationally recognized awards comparable to Nobel Prize or Academy Award.

Helicopter pilot sought NIW for EB-2 exceptional ability classification. AAO held pilot failed to meet the underlying exceptional ability requirement by not satisfying the evidentiary criteria sufficiently in totality, and therefore did not reach NIW merits determination.

A petitioner seeking extraordinary ability classification, whose occupation is not described, was denied by the service center for lacking a major internationally recognized award and for not meeting the regulatory criteria. The AAO dismissed the appeal as improperly filed because counsel signed the petitioner's portion of the notice of appeal, so the merits were not reached.

A pilot seeks EB-2 national interest waiver claiming his work would address aviation industry pilot shortage. The AAO dismissed the appeal because the petitioner failed to clearly define his specific proposed endeavor and lacked sufficient evidence of substantial merit and national importance.

Pilot with advanced degree equivalent seeks NIW. AAO dismissed appeal, finding no demonstrated national importance for proposed pilot work. Working in important field and having professional qualifications insufficient; decision requires evidence of specific endeavor's impact on field as whole.