Published AAO appeal decisions

An entrepreneur and swim instructor sought EB-2 national interest waiver claiming exceptional ability. The AAO found the petitioner met only one of six required exceptional ability criteria. Without establishing EB-2 eligibility, the AAO dismissed the appeal and reserved the Dhanasar prongs without discussion.

Martial arts entrepreneur sought EB-2 exceptional ability classification with NIW. AAO found petitioner met only one of six regulatory criteria for exceptional ability, not the required three. Because underlying EB-2 eligibility was not established, the NIW claim was reserved without analysis.

Commercial pilot and flight instructor sought NIW as EB-2 advanced degree professional, proposing to train U.S. pilots. AAO dismissed, agreeing that the endeavor has substantial merit but lacks national importance. Pilot shortage alone does not establish national importance of individual instruction work.

Physical fitness instructor sought EB-2 with NIW. AAO affirmed denial, finding evidence did not show proposed endeavor had national importance beyond the employer. Generic articles on fitness importance and expert opinions regarding position advancement did not establish national-level impact.

An exercise trainer and group fitness instructor seeking EB-2 advanced degree or exceptional ability classification with national interest waiver. AAO agreed endeavor lacked national importance; benefits limited to small subset of clients. AAO also withdrew director's finding that petitioner was well positioned to advance endeavor.

A chief executive officer and coach sought EB-2 NIW classification claiming exceptional ability in capoeira. The AAO found the petitioner failed to meet any of six exceptional ability criteria, particularly lacking evidence of advanced degree, ten years progressive experience, or professional association membership. Appeal dismissed without reaching Dhanasar framework.

A pilot seeks an NIW for EB-2 classification proposing to become a flight instructor. He argued a national pilot shortage demonstrates national importance. The AAO held that a nationwide shortage in the profession does not establish that his specific proposed endeavor has national importance or would broadly impact the field.

Soccer coach and entrepreneur sought EB-2 classification as individual of exceptional ability and national interest waiver under Dhanasar. AAO found substantial merit but dismissed appeal because proposed endeavor lacked national importance; it would not impact athletics field broadly or provide sufficient economic benefits to rise to national importance level.

A former professional soccer player in Brazil seeks NIW for EB-2 as individual of exceptional ability to establish soccer development business. Petitioner claimed six evidentiary criteria for exceptional ability. AAO found petitioner fails to meet exceptional ability requirements and does not establish national importance of proposed endeavor under Dhanasar first prong, dismissing appeal.

Helicopter pilot sought NIW for EB-2 exceptional ability classification to work in medical air transport without job offer. AAO dismissed appeal because proposed work lacked national importance despite claims of public health benefits; endeavor did not demonstrate broader field impact or substantial societal welfare enhancement.

Martial arts entrepreneur seeks EB-2 NIW. Did not establish EB-2 eligibility as advanced degree professional or exceptional ability individual, meeting only two of six criteria. AAO found proposed endeavor lacks national importance and teaching would not impact field broadly; appeal dismissed.

A soccer coach holding an advanced degree sought NIW. The AAO affirmed dismissal because the petitioner's specific proposed endeavor lacked national importance. While youth sports have merit, the coaching and consulting business lacked evidence of broader implications, substantial economic effects, or impact beyond the specific clients and participants.

An aviation pilot sought EB-2 classification with a national interest waiver for his proposed work training regional and charter airline pilots. The AAO affirmed dismissal because the pilot failed to establish that his specific endeavor had national importance, as the training would not impact the aviation field broadly or yield substantial positive economic effects.

Skydiving instructor sought NIW but did not qualify for EB-2 as advanced degree professional or individual of exceptional ability. Met only one of six exceptional ability criteria (license/certification). AAO held endeavor lacked national importance due to absence of quantified economic impact demonstration.

Fitness director at martial arts academy sought EB-2 advanced degree with NIW. AAO affirmed denial: petitioner qualified for EB-2 but failed first Dhanasar prong because proposed endeavor lacked national importance; evidence addressed generalized fitness benefits rather than specific endeavor's national implications.

A soccer coach and sports manager with master's degree in sport management sought EB-2 with NIW, proposing a youth soccer development program. The AAO affirmed denial, finding the proposed endeavor demonstrated substantial merit but lacked national importance; coaching individual children insufficient to impact sports management field broadly.

Judo coach and martial arts company owner sought EB-2 national interest waiver. AAO found petitioner lacked advanced degree qualification and that proposed martial arts coaching endeavor, though meritorious, lacked national importance because its benefits would not extend beyond individual clientele to impact the field broadly.

A commercial airline pilot seeks NIW for EB-2, claiming his work maintains rural routes and promotes aviation safety and efficiency. The AAO dismissed the appeal, finding substantial merit but no national importance because his individual employment cannot materially affect airline industry or rural service provision on a national scale.

Self-petitioner, fitness entrepreneur proposing fitness director role with consulting services. Claimed substantial merit and national importance under Dhanasar. AAO affirmed denial, finding proposed endeavor has substantial merit but lacks national importance because it affects only her clients, not the fitness industry broadly.

An exercise trainer and group fitness instructor seeks NIW status for a fitness center business addressing obesity. The AAO found substantial merit but rejected national importance because benefits would not extend beyond individual clients to impact the fitness industry or economy broadly.

Soccer coach seeking NIW claiming exceptional ability and national importance of coaching services. AAO dismissed because petitioner failed to meet EB-2 exceptional ability requirement (satisfied only one of six criteria) and proposed coaching endeavor lacks national impact beyond specific employers and students served.

An airline pilot first officer/captain sought EB-2 classification with national interest waiver. The AAO dismissed the appeal, finding that evidence of pilot shortages and aviation industry importance did not establish that the petitioner's specific endeavor as a commercial pilot had national importance or broader implications.

Fitness consultant and trainer sought EB-2 national interest waiver. Claimed athletic training programs would improve health and wellness industry. AAO dismissed because specific proposed endeavor lacked demonstrated national importance or field-wide impact.

An aircraft pilot sought NIW for EB-2 exceptional ability classification. Petitioner proposed piloting and training other pilots to address industry shortage. The AAO dismissed, finding the endeavor lacked demonstrated national importance; prior foreign experience and industry demand alone do not establish prospective national impact.

Firearms instructor proposed opening a shooting academy in Florida for gun safety and sports training. AAO found the specific endeavor lacked broader implications rising to national importance. General small business interest insufficient to meet Dhanasar standard.