Published AAO appeal decisions

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.

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 industry entrepreneur sought EB-2 exceptional ability with NIW. The AAO affirmed dismissal because the petitioner did not demonstrate expertise significantly above ordinary in the aviation industry. The decision did not reach NIW analysis.

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.

An automotive glass manufacturer petitioned for an employee with experience in judging and scholarly publications in the field. The AAO found the beneficiary met two criteria but dismissed the appeal because the totality of evidence did not demonstrate sustained national or international acclaim or placement among the very top in the field.

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.

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 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.

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.

A helicopter pilot sought NIW under EB-2 claiming exceptional ability. The AAO found he met three of six criteria but concluded the totality of evidence did not demonstrate exceptional ability. Without EB-2 eligibility, the NIW petition failed. Appeal dismissed.

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.