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.

Petitioner appealed dismissal of motion to reopen and reconsider prior NIW denial. AAO held appeal concerns only procedural motion dismissal not underlying petition denial; petitioner waived substantive arguments by not appealing original denial and failing to articulate legal error in motion dismissal.

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.

A petitioner seeking EB-2 classification with a national interest waiver brought a further motion to reconsider after repeated dismissals. The AAO dismissed it as moot because the petitioner had since received an approved immigrant petition and become a permanent resident, so the Dhanasar prongs were not analyzed.

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 self-petitioner sought an EB-2 classification with a national interest waiver, and the service center denied it. The AAO dismissed the appeal on procedural grounds, finding the signature on the appeal form was an image copied from other documents rather than an original handwritten signature. The merits of the waiver were not decided.

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.

A self-petitioner sought a national interest waiver of the job offer requirement. The service center found he qualified for the underlying classification but denied the waiver. On appeal, the AAO dismissed because the signatures on the appeal form and the representation form appeared electronically copied and not valid original handwritten signatures. The merits were not reached.

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.

Commercial pilot from Panama sought NIW for EB-2. AAO held petitioner failed to establish exceptional ability: only two criteria met (degree and license), not three required. Insufficient evidence of ten years experience, exceptional salary, professional association membership, or industry recognition. Underlying visa eligibility denied; NIW not analyzed.

A geologist sought EB-2 exceptional ability classification with a national interest waiver. After an earlier appeal and several motions were dismissed, the petitioner filed a combined motion to reopen and reconsider. The AAO dismissed both: the delay in the prior late motion was not shown reasonable or beyond his control, and no legal error was identified.

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.

A petitioner claiming exceptional ability for an EB-2 national interest waiver filed successive motions to reopen and reconsider after initial denials. The AAO dismissed the second motion, finding the petitioner had been given notice of required evidence and a reasonable opportunity to submit it, and that no new facts or legal errors warranted reconsideration.

A self-petitioning professional with an advanced degree sought a national interest waiver. After earlier denial and several dismissed appeals and motions, a fourth combined motion to reopen and reconsider claimed ineffective assistance of prior counsel. The AAO dismissed it because no prejudice or substantial compliance with the required procedure was shown, and the arguments were repeated.

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 motorcycle mechanic and instructor sought an EB-2 national interest waiver for his own business. The AAO dismissed the appeal after finding he did not meet the underlying EB-2 exceptional ability requirement; therefore it did not reach the Dhanasar waiver prongs.

Petitioner seeks NIW as advanced degree professional. AAO dismissed appeal, finding petitioner failed to establish five years progressive post-baccalaureate experience in specialty as required for underlying EB-2 classification; NIW eligibility not reached.

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.