Published AAO appeal decisions

Tourism consultant and entrepreneur sought EB-2 national interest waiver. AAO dismissed motion to reconsider, finding petitioner did not overcome the most recent adverse decision and merely reargued prior issues. Motion scope was limited to the latest decision only, and petitioner did not demonstrate incorrect application of law.

Industrial product company petitioned for an EB-2 national interest waiver for a product engineering team lead with a master's in mechanical engineering. The AAO dismissed the appeal, finding the petitioner failed to establish the proposed endeavor's substantial merit and national importance under Dhanasar's first prong, lacking sufficient detail on how the work would impact U.S. infrastructure beyond the company.

An aircraft mechanic sought EB-2 classification with a national interest waiver to develop aviation maintenance training programs. SCOPS found the endeavor had substantial merit but the AAO affirmed dismissal, holding the petitioner failed to establish national importance because the record lacked specifics on prospective impact and the expert letter addressed industry importance rather than the specific proposed endeavor's impact.

A technician sought EB-2 classification with a national interest waiver, claiming exceptional ability. The AAO found the petitioner failed to submit required initial evidence for EB-2 qualification and did not establish exceptional ability. Because EB-2 eligibility was not shown, the NIW analysis was not reached.

Petitioner appealed dismissal of motion to reopen and reconsider prior NIW denial. AAO held appeal concerns only procedural motion dismissal not underlying petition denial; petitioner waived substantive arguments by not appealing original denial and failing to articulate legal error in motion dismissal.

A specialist mechanic sought EB-2 classification with national interest waiver. The AAO dismissed a motion to reopen and reconsider filed 74 days late. The motion was procedurally defective; the petitioner failed to demonstrate reasonable delay beyond its control when correcting a payment error.

A petitioner sought EB-2 advanced degree or exceptional ability classification with national interest waiver under Dhanasar. The AAO dismissed the motion to reopen, finding the petitioner resubmitted identical documentation already in the record without new facts supported by evidence, and failed to comply with Form I-290B instructions for filing additional materials.

Petitioner sought EB-2 national interest waiver. Motion to reconsider argued prior AAO decision misapplied the Dhanasar framework and evidentiary standards. AAO dismissed because petitioner merely reargued facts already considered and failed to identify specific legal or policy errors in the prior decision.

Advanced degree professional sought EB-2 national interest waiver. Petitioner reargued facts and legal claims already considered on appeal and two prior motions without citing new precedent or showing incorrect application of law. Motion to reconsider dismissed; underlying petition remains denied.

A quality control manager with an advanced degree seeks EB-2 national interest waiver. The AAO dismissed the appeal, finding the beneficiary's proposed work as a quality control manager lacked sufficient prospective impact to satisfy the national importance prong of Dhanasar, even in a strategically important defense infrastructure sector.

A petitioner seeking EB-2 classification with a national interest waiver brought a further motion to reconsider after repeated dismissals. The AAO dismissed it as moot because the petitioner had since received an approved immigrant petition and become a permanent resident, so the Dhanasar prongs were not analyzed.

Transportation inspector identified critical design flaw in helicopter system affecting 1000 worldwide units; seeks EB-2 NIW as technical consultant or instructor. AAO dismissed because petitioner failed to establish national importance by not clarifying proposed endeavor implementation, employment potential, or demonstrating how specific prospective work would have broader national implications.

Entrepreneur with thirty-five years in mining sought EB-2 national interest waiver. The AAO dismissed, finding while substantial merit was established, the proposed mining services endeavor lacked national importance. Evidence showed intent to serve clients and expand geographically, but failed to demonstrate prospective impact sufficient to rise to national importance level.

Pilot sought EB-2 national interest waiver for aviation training endeavor. AAO found proposed work has substantial merit but lacks national importance under Dhanasar's first prong. Letters of support insufficient; no evidence of broader industry impact or substantial positive economic effects. Second and third prongs not reached.