Published AAO appeal decisions

Commercial airline pilot sought EB-2 NIW for training on the A350 aircraft. AAO dismissed appeal after applicant failed to address Director's underlying EB-2 qualification findings and provided only post-filing certificates. Endeavor lacked demonstrated national importance despite having substantial merit.

Commercial airline pilot claimed EB-2 exceptional ability and national interest waiver to advance airline operations and pilot training policy. AAO found he did not qualify as individual of exceptional ability under EB-2, and his proposed endeavor lacked national importance, dismissing the appeal.

A pilot with advanced degree sought NIW claiming pilot shortage and aviation industry importance. AAO held the proposed endeavor lacked national importance because working in an important field is insufficient and petitioner did not show how individual work would significantly impact the industry or economy broadly.

Airline captain and flight instructor sought NIW classification claiming pilot shortage demonstrates national importance. AAO held proposed work lacks required national importance because it would not impact the field broadly or demonstrate significant potential to employ workers or provide substantial economic effects beyond the employer.

Pilot with eleven years aviation experience seeking NIW claimed his work would generate positive economic impact and address labor shortages. AAO held the endeavor lacks national importance because working as pilot does not demonstrate broader field implications or substantial prospective economic effects.

A petitioner sought EB-2 classification with a national interest waiver. The Director found the first Dhanasar prong met but denied under the second prong because key evidence postdated filing. The AAO summarily dismissed the appeal because the brief did not address or challenge the Director's stated basis for denial.

A pastor, religious education director and musician sought an EB-2 classification with a national interest waiver to start a church-based ministry and recovery programs. The AAO found she lacked the required post-baccalaureate experience for EB-2 and that her endeavor lacked national importance, dismissing the appeal on both independent grounds.

A commercial pilot from Colombia sought EB-2 exceptional ability and NIW based on filling pilot shortages. The AAO affirmed dismissal because the petitioner's proposed work lacked national importance. Working in a shortage-field alone does not establish national importance; the specific endeavor must demonstrate broader implications and impact beyond the employer and its clientele.

Airline pilot sought NIW for EB-2 classification under advanced degree. Petitioner initially proposed aviation security instruction, then shifted to airline pilot work. AAO dismissed appeal because proposed endeavor lacked consistency and failed national importance requirement; teaching and pilot work lack sufficient broader implications.

Personal grooming industry entrepreneur sought EB-2 classification and NIW. AAO found petitioner categorically ineligible for EB-2 as advanced degree professional and failed to meet three exceptional ability criteria. Regarding NIW, substantial merit was found but national importance was not; endeavor lacked broader implications beyond individual barbershop business.

An airline pilot seeking EB-2 with national interest waiver. The AAO found no specific, detailed proposed endeavor beyond continuing commercial pilot work. The petitioner failed to establish substantial merit and national importance, confusing industry shortage with endeavor-specific national importance under Dhanasar. Appeal dismissed.

Commercial pilot sought EB-2 NIW; materially changed proposed endeavor from pilot employment to drone technology business in response to RFE. AAO rejected drone business change as material alteration and affirmed first-prong denial: pilot employment lacks national importance despite aviation industry shortage; individual employment cannot extend beyond employer level.

Commercial pilot seeking NIW for EB-2 as individual of exceptional ability claimed national importance based on U.S. pilot shortage and aviation industry importance. AAO dismissed because pilot shortage and industry importance do not establish national importance of specific endeavor; no evidence of prospective impact on aviation field beyond employers and customers.

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.

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.

Employer-sponsored airfield operations specialist sought EB-2 NIW. Underlying EB-2 eligibility not determined by director. AAO dismissed appeal, finding proposed airport operations work lacks national importance; benefits limited to single employer without broader aviation field impact.

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.

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 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.

Pilot sought EB-2 with national interest waiver. AAO found advanced degree equivalent established but rejected NIW claim. Proposed endeavor of airline piloting lacks demonstrable national importance beyond industry-wide pilot shortage. Letters and advisory opinion failed to explain specific endeavor impact. Appeal dismissed.

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.

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.