Published AAO appeal decisions

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.

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.