Published AAO appeal decisions

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.

An individual sought EB-1A classification based on extraordinary ability. The Director found he met three initial evidentiary criteria but lacked sustained national or international acclaim and top-tier status. The AAO affirmed dismissal, finding the petitioner waived the challenge to the intent-to-continue-work requirement by not addressing it on appeal, making that dispositive issue sufficient to dismiss without reaching other arguments.

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.

A petitioner sought EB-2 exceptional ability classification with a national interest waiver. The AAO dismissed the appeal because the required employee-specific labor certification sections were not submitted and the petitioner did not contest the director's finding on the underlying EB-2 classification, so the waiver arguments were not reached.

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.

A petitioner sought EB-1A extraordinary ability classification. The AAO dismissed the appeal because the petitioner failed to identify which of the ten regulatory criteria she claimed to meet or how her evidence related to each criterion, making substantive analysis impossible.

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 aviation professional claiming exceptional ability under EB-2 failed to satisfy three of six regulatory criteria; AAO dismissed appeal and reserved NIW prongs. Petitioner did not establish sufficient recognition for achievements and contributions in aviation field.

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.

A cosmetologist seeking EB-2 classification with NIW claimed substantial merit and national importance for her proposed endeavor. The AAO dismissed the appeal because the petitioner failed to demonstrate national importance of her proposed work, which lacked broader implications beyond personal practice.

Commercial pilot seeking EB-2 NIW claimed his proposed endeavor had national importance based on industry demand and labor shortages. The AAO dismissed the appeal, finding no evidence that his specific endeavor would significantly reduce shortages or impact his field broadly beyond his employers and clients.

Pilot and aviation instructor seeks NIW citing pilot shortage in airline industry. AAO held endeavor has substantial merit but lacks national importance; training effects on individual students insufficient to impact field broadly. First prong failure dispositive.

A mining technician sought NIW to work in mining consulting. AAO dismissed the appeal because the proposed endeavor did not demonstrate national importance; professional plan failed to show the work would impact the mining industry beyond direct client relationships or substantially advance the field.

An engineering and management professional sought extraordinary ability classification, claiming seven of the ten evidentiary criteria. The AAO dismissed the appeal. The petitioner showed neither a major one-time award nor three criteria, since the awards were internal or student honors lacking national recognition, and the record as a whole showed no sustained acclaim.

Petitioner sought NIW as individual of exceptional ability. AAO dismissed appeal because petitioner satisfied only two of six exceptional ability evidentiary criteria (advanced degree and work experience); petitioner did not challenge remaining criteria or provide final merits evidence, so NIW analysis was not reached.

Aviation maintenance specialist sought EB-2 with NIW for a business offering aviation maintenance services. The AAO held the proposed endeavor lacked national importance under Dhanasar because evidence focused on field importance rather than the specific business's prospective impact on the nation or region.

A petitioner sought EB-2 classification as an advanced degree professional with a national interest waiver. The AAO dismissed the appeal because no employment letters showing five years of progressive post-baccalaureate experience were submitted, so underlying eligibility failed and the Dhanasar analysis was reserved.

A welder seeks NIW claiming exceptional ability. Claimed the Dhanasar framework. The AAO held the first prong—national importance—not met: working as a skilled welder for one company lacks broader field implications or substantial economic impact commensurate with national importance.

Flight trainer sought EB-2 exceptional ability and NIW. Director found petitioner qualified as individual of exceptional ability. AAO found proposed endeavor has substantial merit but lacks national importance; impact does not extend beyond individual trainees and employers to national scale.

A commercial pilot with over seven years' aviation experience sought EB-2 with NIW for a proposed business venture. The AAO dismissed because the petitioner failed to demonstrate national importance; general industry data did not establish broader implications of his specific endeavor.

A pilot seeks NIW for EB-2 classification. The AAO dismissed the appeal, finding the proposed endeavor has substantial merit but lacks national importance because working as a pilot, while part of an important industry, does not itself have broader field implications or prospective impact.