Published AAO appeal decisions

An eyeglass manufacturer petitioned for a quality control inspector, seeking EB-2 classification as an advanced degree professional or person of exceptional ability, plus a national interest waiver. The appeal was dismissed because none of the exceptional ability criteria or the advanced degree requirement was shown, so the waiver analysis was not reached.

A commercial pilot sought EB-2 exceptional ability classification with a national interest waiver. The AAO found he met fewer than three exceptional ability criteria, since a pilot association membership was not shown to be a professional association. It reserved the waiver question, so this is not a Dhanasar merits decision.

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 sought EB-2 classification with national interest waiver. The AAO found the petitioner failed to meet evidentiary criteria for exceptional ability or advanced degree professional status, lacking sufficient documentation from employers and relevant credentials, and therefore was ineligible for the underlying classification and waiver.

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.

Industrial technician seeks exceptional ability classification and NIW. AAO found petitioner did not meet initial evidentiary requirements for EB-2 exceptional ability, particularly lacking education or experience in proposed CEO role. Did not reach NIW merits.

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.

Self-petitioner claims extraordinary ability and receipt of Hispanic American World Congress award. AAO affirmed denial, finding the award does not meet the narrow standard for major, internationally recognized awards comparable to Nobel Prize or Academy Award.

Helicopter pilot sought NIW for EB-2 exceptional ability classification. AAO held pilot failed to meet the underlying exceptional ability requirement by not satisfying the evidentiary criteria sufficiently in totality, and therefore did not reach NIW merits determination.

A petitioner seeking extraordinary ability classification, whose occupation is not described, was denied by the service center for lacking a major internationally recognized award and for not meeting the regulatory criteria. The AAO dismissed the appeal as improperly filed because counsel signed the petitioner's portion of the notice of appeal, so the merits were not reached.

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.

Pilot with advanced degree equivalent seeks NIW. AAO dismissed appeal, finding no demonstrated national importance for proposed pilot work. Working in important field and having professional qualifications insufficient; decision requires evidence of specific endeavor's impact on field as whole.

A pilot sought EB-2 classification with national interest waiver for aviation work. AAO dismissed the appeal, holding the petitioner established substantial merit but failed to demonstrate the national importance of his specific proposed endeavor as required by the first Dhanasar prong; general industry importance insufficient.

The petitioner's occupation is not stated in the available text. The petitioner sought extraordinary ability classification, and the Director found fewer than three of ten criteria satisfied. The AAO dismissed the appeal as moot because the petitioner had since adjusted to permanent resident status through another proceeding, so the merits were not reached.

Aircraft mechanic seeking EB-2 national interest waiver. AAO found petitioner failed to establish exceptional ability under EB-2 and that proposed endeavor lacks substantial merit and national importance, failing the first Dhanasar prong. Second and third prongs not addressed.

Commercial captain sought NIW under EB-2 as advanced degree professional. Claimed endeavor had substantial merit and national importance addressing pilot shortage. AAO found record did not establish national importance of specific proposed work as individual pilot, lacking evidence of broader industry impact or individual contribution to resolving shortage.

Aircraft mechanic self-petitioner claimed exceptional ability under EB-2 and sought national interest waiver. AAO affirmed denial because petitioner failed to establish by preponderance of evidence that expertise was significantly above ordinary in field, and thus did not qualify for underlying EB-2 classification required for NIW eligibility.