Published AAO appeal decisions

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.

Airline pilot seeking EB-2 advanced degree or exceptional ability with national interest waiver. AAO affirmed dismissal on appeal and motion decisions because petitioner failed to establish national importance prong despite Director finding substantial merit. Second and third Dhanasar prongs not analyzed.

Pilot with advanced degree seeking EB-2 NIW classification changed proposed endeavor significantly in response to RFE rather than establishing national importance of initial petition. AAO found material change impermissible and that original pilot/airline captain endeavor lacked sufficient detail and documentation to demonstrate substantial merit and national importance.

Fire prevention specialist claimed extraordinary ability under EB-1A. Petitioner satisfied three criteria: membership, scholarly articles, and leading role. AAO held final merits prong failed: although respected locally and in capital city, petitioner lacked sustained national or international acclaim required; articles had limited impact; patents unproven in commercial production or significance.

Aircraft mechanic sought EB-2 exceptional ability classification and national interest waiver. AAO found petitioner failed to establish exceptional ability under three of six regulatory criteria, including insufficient experience, salary not demonstrating exceptional ability, and membership in professional association not meeting regulatory requirements. Appeal dismissed; Dhanasar framework not reached.

A petitioner sought EB-2 advanced degree or exceptional ability classification and NIW. AAO dismissed appeal because petitioner did not establish foreign three-year degree equivalent to U.S. baccalaureate or exceptional ability; NIW analysis not reached.

An entrepreneur and electrician sought EB-2 exceptional ability classification and a national interest waiver. The AAO dismissed because he satisfied only two of six required evidentiary criteria and therefore could not proceed to final merits or Dhanasar analysis.

A professional holding an advanced degree sought a national interest waiver of the job offer requirement. The director found the advanced degree qualification met but denied the waiver. The AAO dismissed the appeal because the proposed endeavor was not shown to have national importance, and it reserved the remaining prongs.

Commercial airline pilot sought EB-2 NIW for pilot services. AAO held petitioner lacks exceptional ability under underlying EB-2 classification and did not establish endeavor national importance. Appeal dismissed.

Airline pilot sought EB-2 classification with NIW. AAO dismissed the appeal because petitioner failed to establish exceptional ability under EB-2 standards; threshold EB-2 eligibility was not met, making NIW analysis unnecessary.

Automotive repair mechanic and operations manager seeking EB-2 exceptional ability with national interest waiver. AAO affirmed dismissal because evidence does not show exceptional ability—expertise significantly above ordinary in field. Threshold EB-2 qualification not met; Dhanasar analysis not reached.

Individual claiming exceptional ability in sciences, arts or business seeks EB-2 NIW. Did not establish underlying EB-2 classification eligibility. AAO dismissed appeal without reaching NIW framework because petitioner failed foundational requirement of demonstrating advanced degree or exceptional ability status.

Employer-sponsored airfield operations specialist sought EB-2 NIW. Underlying EB-2 eligibility not determined by director. AAO dismissed appeal, finding proposed airport operations work lacks national importance; benefits limited to single employer without broader aviation field impact.

A truck driver and business owner in road transport and logistics sought EB-2 classification and national interest waiver. The AAO held his proposed occupation does not qualify as a profession requiring an advanced degree under EB-2 standards, rendering him ineligible for the waiver.

A pilot sought EB-2 exceptional ability classification with national interest waiver. The AAO affirmed the Director's finding that he did not meet three of six regulatory criteria for exceptional ability, failing to establish EB-2 eligibility. Dhanasar framework analysis was not required; appeal dismissed.

A commercial aircraft pilot sought EB-2 exceptional ability classification with a national interest waiver. Although he met three evidentiary criteria by plain language, the final merits determination found he lacked expertise significantly above ordinary in his field. The AAO affirmed dismissal without reaching the waiver framework.