Published AAO appeal decisions

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.

Aircraft mechanic seeking EB-2 NIW claimed training programs and maintenance improvements would address aviation mechanic shortage with national importance. AAO dismissed, finding proposed endeavor lacks sufficient national importance and would not impact field broadly beyond individual trainees or employers.

A truck and heavy machinery mechanic sought EB-1A extraordinary ability classification. The AAO dismissed a motion to reopen and reconsider, finding the petitioner did not meet three required criteria and that the mechanic field may not fall within statutory parameters for this visa category.

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.

An aviation company petitioned for a national interest waiver to employ a copilot with over twenty years of airline experience. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance because it would benefit only one individual with no broader impact on the aviation industry or economy.

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.

Pilot seeking NIW to provide aviation instruction services. AAO dismissed appeal, finding the proposed endeavor lacks national importance under Dhanasar because instruction would not impact the field more broadly and occupational shortages are addressed through labor certification.

A self-petitioner sought an EB-2 classification with a national interest waiver. The service center denied it as not well positioned, then dismissed a combined motion. The AAO dismissed the appeal because the petitioner did not challenge the finding that the motion stated no new facts, so the issue was waived.

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.

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.

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 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.