Published AAO appeal decisions

A petitioner claiming exceptional ability for security management proposed a waiver. The AAO dismissed because the petitioner failed to establish the EB-2 exceptional ability classification (not meeting three of six regulatory criteria) and provided inconsistent, insufficient evidence regarding the specific proposed endeavor required for national interest waiver analysis.

Pilot with advanced degree claimed NIW based on aviation industry pilot shortage and proposed flight instruction or academy work. AAO found proposed endeavor too vague with inconsistent job ideas to determine national importance, failing first Dhanasar prong.

A commercial pilot sought EB-2 exceptional ability classification with a national interest waiver of the job offer. The AAO withdrew the director's findings on the academic record, experience and membership criteria, leaving too few criteria met. It dismissed the appeal and reserved the waiver question without applying the Dhanasar framework.

A pilot sought a national interest waiver with EB-2 classification, proposing to work for U.S. airlines and train other pilots. The service center accepted the underlying classification but denied the waiver. The AAO dismissed the appeal because the endeavor lacked demonstrated national importance, and it did not reach the remaining prongs.