Published AAO appeal decisions

A cosmetologist seeks EB-2 NIW classification. The director found exceptional ability and that petitioner was well-positioned to advance the endeavor. The AAO affirmed lack of national importance: the business plan showed no substantial positive economic effects in New York or industry-wide impact on cosmetology, dismissing the appeal.

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.

Employer petitions for beneficiary seeking EB-2 NIW; beneficiary proposed to work as company president providing moving services to domestic violence victims. AAO affirmed dismissal of motion to reopen; proposed endeavor lacks national importance despite admirable purpose; benefits limited to customers, no broader field implications.

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.

A pilot sought EB-2 NIW for work as search and rescue and air ambulance pilot-instructor. The AAO dismissed the appeal because the petitioner failed to establish national importance: the proposed work would not have broader implications for aviation, did not show significant potential to employ U.S. workers, and offered no substantial economic effects.

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.

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.

Pilot and flight instructor seeking EB-2 exceptional ability and national interest waiver. Director found substantial merit but denied national importance and NIW. AAO affirmed, concluding petitioner's proposed work training crew members and pilots does not have prospective impact rising to national importance level under Dhanasar.

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 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.

A flight attendant seeks EB-2 exceptional ability classification and national interest waiver. The AAO affirmed dismissal, finding the petitioner failed to establish that her proposed endeavor had substantial merit or national importance, lacking prospective impact beyond incremental industry improvements.

A cosmetologist seeks EB-2 exceptional ability classification and national interest waiver for training and business coaching endeavors. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance and broader field implications required under Dhanasar framework.

Commercial airline pilot sought EB-2 exceptional ability and NIW. AAO found proposed endeavor has substantial merit but lacks national importance under Dhanasar's first prong, as his work would not extend beyond his employers to enhance societal welfare broadly.

Flight instructor with ratings from four countries seeking EB-2 and national interest waiver. Petitioner met three exceptional ability criteria and underwent final merits determination. AAO affirmed denial, finding petitioner's training work does not have prospective impact rising to national importance under Dhanasar framework.

A petitioner sought EB-2 with national interest waiver for operating a water rescue training facility for law enforcement. AAO affirmed denial, finding the endeavor has substantial merit but lacks national importance. Petitioner failed to show broader industry impact or substantial economic effects beyond his own work.

Petitioner seeking EB-2 with national interest waiver based on claimed exceptional ability. AAO held petitioner failed to establish exceptional ability categorical eligibility and adopted director's finding that inconsistent representations obscured proposed endeavor nature, preventing evaluation of national interest.

Automation technician claiming exceptional ability sought EB-2 with national interest waiver. AAO affirmed denial on two grounds: petitioner did not establish exceptional ability under initial criteria, and did not meet national importance requirement of first Dhanasar prong.