Published AAO appeal decisions

Pilot self-petitioner sought NIW under EB-2 as advanced degree professional. AAO dismissed appeal, finding initial endeavor as airline transport pilot lacked national importance, and petitioner materially changed endeavor in response to RFE without establishing broader field implications.

A self-petitioner proposes directing volleyball and soccer classes for low-income children. AAO affirmed service center revocation, finding proposed endeavor lacks national importance; offering youth sports to specific populations does not extend broader implications to industry, region, or nation required by Dhanasar.

A fitness and wellness coordinator, formerly a professional soccer player, sought an EB-2 exceptional ability classification and a national interest waiver to run a children's health consulting and training company. The AAO withdrew the earlier exceptional ability finding because none of the claimed criteria were met, and reserved the Dhanasar prongs.

Soccer coach for academy seeks EB-2 with NIW. AAO found substantial merit but not national importance; work benefits specific employer and clients but lacks broader implications or substantial economic effects at regional or national level. Petitioner waived appeal on remaining prongs.

Airline pilot and flight instructor self-petitioner sought NIW as EB-2 advanced degree professional. Qualified for EB-2 but failed first Dhanasar prong: proposed endeavor of continuing career and addressing pilot shortage lacks national importance despite job creation estimates. Appeal dismissed.

An airline pilot sought NIW for EB-2 to work as a pilot and flight instructor. The AAO affirmed dismissal because the proposed endeavor lacked national importance; the petitioner conflated the general importance of the aviation industry with a specific, nationally significant undertaking and did not explain how his work would positively impact the economy on a broad scale.

An aviation professional and certified flight instructor sought EB-2 national interest waiver to train future pilots and enhance airline operations. The AAO affirmed denial, finding the proposed training endeavor lacked national importance despite the aviation industry's significance; the petitioner focused on personal expertise rather than demonstrating broader field impact or effects in economically depressed areas.

Athlete and athletic trainer sought NIW for EB-2 to promote MMA in the US. AAO held proposed endeavor lacks national importance: no showing of significant economic impact, industry growth alone insufficient, and techniques would not elevate field broadly. Appeal dismissed.

Sports management CEO sought EB-2 NIW classification. Petition dismissed for procedural defects: incomplete Form I-140 and failure to submit required DOL Form ETA-9089 Appendix A despite request for evidence. AAO upheld denial without reaching merits of national interest waiver claim.

Airline pilot proposed cargo transport operations, crew training, safety analysis, and technology adoption. AAO held proposed endeavor lacks national importance because pilot failed to show broader field impact; projected revenue and employment benefits insufficient for national importance.

A commercial airline pilot seeking EB-2 classification with national interest waiver claimed his endeavor would reduce strain on the aviation industry from pilot shortage. The AAO dismissed the appeal on two independent bases: invalid electronic signature on the appeal form and failure to establish first prong national importance under Dhanasar framework.

An airline pilot seeking EB-2 classification and national interest waiver. Claimed endeavor in pilot training and mentoring had national importance. AAO held proposed work as pilot and instructor lacks sufficient prospective impact on aviation field broadly to satisfy Dhanasar's first prong; industry importance and worker shortage alone insufficient.

A martial arts educator sought EB-2 exceptional ability classification and NIW. The AAO affirmed denial, finding petitioner failed to meet three of six exceptional ability criteria and that the proposed educational endeavor lacked national importance beyond the employing organization.

An exercise trainer seeking EB-2 classification with national interest waiver claimed his instruction activities have substantial merit and national importance. The AAO found the endeavor merits substantial but lacks national importance because it fails to demonstrate prospective impact extending beyond his individual clientele to benefit the nation.

Sports industry professional sought EB-2 NIW for business venture. AAO dismissed appeal, finding no demonstrated national importance under Dhanasar's first prong. Petitioner conflated industry importance with specific endeavor impact; failed to show company would operate at national scale or generate substantial economic effects.

Martial arts entrepreneur and instructor sought NIW for business and training enterprise. AAO held substantial merit was met but national importance was not; no evidence of field or economy impact beyond direct clients, and business projections lacked adequate evidentiary support.

Commercial pilot sought EB-2 classification as individual of exceptional ability and NIW. Director found petitioner met four of six exceptional ability criteria; AAO found actual membership in professional associations not established and training certificates showed completion, not exceptional expertise. Appeal dismissed on both exceptional ability and NIW grounds.

Airline pilot sought EB-2 as individual of exceptional ability with national interest waiver. AAO found petitioner met four of six initial criteria but dismissed appeal on final merits, concluding evidence did not establish degree of expertise significantly above ordinarily encountered in field.

An airline pilot sought EB-2 classification as exceptional ability and NIW waiver. The AAO found the petitioner failed to satisfy at least three evidentiary criteria for exceptional ability and did not establish that the proposed endeavor of working as a commercial airline pilot had national importance. Appeal dismissed.

Physical fitness specialist and entrepreneur sought NIW for EB-2 classification. AAO dismissed appeal, finding proposed endeavor lacks national importance despite substantial merit; benefits limited to client base without broader impact on physical fitness field or obesity prevention at national level.

Entrepreneur and jiu-jitsu instructor sought NIW as exceptional ability professional. AAO found petitioner met only two of six exceptional ability criteria, failing underlying EB-2 qualification. Because ineligible for EB-2, NIW analysis not reached. Appeal dismissed.

A Colombian pilot claimed exceptional ability under EB-2 and a national interest waiver. The AAO withdrew the Director's finding that he met the licensing and professional association criteria, and found his overall expertise did not exceed ordinary pilot competency. The waiver claim was not addressed.

Commercial pilot sought EB-2 with national interest waiver. AAO held petitioner lacked requisite advanced degree or bachelor's degree equivalent and failed to demonstrate national importance of proposed work as pilot and instructor, lacking evidence of industry-wide impact.

A water polo coach sought EB-2 NIW to establish a water polo club in Georgia. The AAO found the endeavor had substantial merit but lacked national importance because projected employment of one coach and modest revenue did not demonstrate significant economic impact or broader field implications.

A soccer director seeking EB-2 with NIW to establish a youth and community development organization. Claimed her endeavor had substantial merit and national importance. AAO affirmed denial, finding the proposed endeavor lacked demonstrated national importance; its positive economic effects were not commensurate with national-level significance.