Published AAO appeal decisions

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.

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.

Commercial pilot sought EB-2 advanced degree or exceptional ability classification and NIW. AAO dismissed, finding only two of six exceptional ability criteria met. Final merits determination found no unusual expertise in field. Ineligible for EB-2; therefore ineligible for NIW. Remaining Dhanasar arguments reserved.

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 skincare specialist and entrepreneur sought NIW for EB-2 as exceptionally able. She met only two of six required exceptional ability criteria: ten years employment and occupational licensing. The AAO affirmed dismissal without reaching the NIW Dhanasar analysis.

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.

Safety and risk management expert claiming extraordinary ability. Petitioner claimed five criteria; AAO found only two met (judging and scholarly articles). Appeal dismissed because petitioner failed to establish three of ten required criteria and lacked national or international acclaim.

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.

Truck driver and owner seeking EB-2 exceptional ability classification and national interest waiver. AAO dismissed because petitioner failed to establish underlying EB-2 eligibility, meeting only two of six required criteria and lacking degree of expertise significantly above field ordinary.

Commercial airline pilot and flight instructor sought EB-2 exceptional ability classification and NIW. AAO found petitioner failed to meet three required exceptional ability criteria: academic record, ten years full-time experience, and professional association membership. Decision dismissed appeal without reaching Dhanasar framework prongs because underlying EB-2 qualification was not established.

Self-petitioner HVAC technician seeks national interest waiver claiming advanced degree or exceptional ability status. AAO held petitioner failed to establish EB-2 eligibility; did not meet advanced degree requirements and failed exceptional ability criteria, thus ineligible for NIW and reserved Dhanasar analysis.

An automotive technician sought a national interest waiver with EB-2 exceptional ability classification. The AAO held that the academic record was only a general high school certificate unrelated to automotive technology, and that recommendation letters showed no significant recognition. With fewer than three criteria met, it reserved the waiver analysis and dismissed the appeal.

An aromatherapist seeking EB-1A extraordinary ability classification claimed six criteria. The AAO found she did not meet the three-criterion minimum. The decision concluded her work does not demonstrate sustained national or international acclaim required for this highly restrictive classification.

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.

A karting distributor petitioned for EB-2 classification with national interest waiver for a beneficiary. The AAO dismissed the appeal because the beneficiary did not meet at least three of six exceptional ability criteria, making the national interest waiver issue moot.

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.