Can pilots and aviation professionals get an EB-2 NIW? What 133 AAO decisions say

Published AAO non-precedent decisions, 2021–2025 · updated 2026-10-16

Between 2021 and 2025 the AAO published 133 EB-2 NIW appeal decisions from aviation petitioners and sustained none of them. The most common ground for dismissal: proposed endeavor not shown to have national importance (71 of the 121 merits dismissals, 59%). Second: advanced degree or exceptional ability not established (45, 37%). These are appeals of denials, not all adjudications, so the dismissal rate is not an initial-filing approval rate; it shows which arguments the AAO rejected on appeal and which it accepted.

What the decisions say

Grounds for dismissal, by frequency

  1. 71 of 121 Proposed endeavor not shown to have national importance
    “The AAO agreed with the Director that the record did not show the petitioner's work would sufficiently impact the aviation industry or field more broadly, beyond his own clientele and students.” AAO, 2025
  2. 45 of 121 Advanced degree or exceptional ability not established
    “Although the Director's initial reasoning about the petitioner's exceptional ability may have been flawed, the AAO found the error harmless because the petitioner did not sufficiently demonstrate that his proposed endeavor—working as an airline pilot—has…” AAO, 2024

No EB-2 NIW appeal from aviation petitioners was sustained in this period. The record shows what did not work; it does not show what would.

Outcomes by Year

YearDismissedSustainedRemandedTotal
20257 (—)007
202465 (95.6%)0368
202343 (86.0%)0750
20226 (—)006
20211 (—)012

Criteria Breakdown

CriterionIn DismissedIn SustainedTotalDismissal Rate
Exceptional ability162017692.0%
Prong 1: Substantial merit and national importance120013092.3%
Prong 2: Well positioned to advance the endeavor6907888.5%
Prong 3: On balance, waiver benefits the U.S.6707490.5%
Advanced degree4304987.8%

Example Decisions

Dismissed2024-08-14The appeal was dismissed because the petitioner failed to establish eligibility for the underlying EB-2 classification as an advanced degree professional, as he did not prove his foreign degrees were equivalent to the… Dismissed2024-07-31The appeal was dismissed because the petitioner failed to establish that their proposed endeavor as an individual pilot and aviation instructor was of 'national importance'. While the AAO acknowledged a general pilot… Dismissed2024-07-15The appeal was dismissed because the petitioner failed to establish that his proposed endeavor of working as a flight instructor has national importance under the Dhanasar framework. While the AAO acknowledged the… Dismissed2024-07-09The appeal was dismissed because the petitioner failed to establish that his proposed endeavor has national importance, which is the first prong of the Dhanasar framework. The decision found that the petitioner focused… Dismissed2024-07-08The motions to reopen and reconsider were dismissed because the petitioner, an airline pilot, failed to establish that his specific role had national importance. The AAO concluded that arguments about addressing a…
NYSDOT-era decisions (pre-2017)

Outcomes by Year

YearDismissedSustainedRemandedTotal
20091 (—)001

Criteria Discussed

CriterionIn DismissedIn SustainedTotal
Exceptional ability202

Sample: published AAO non-precedent decisions collected from uscis.gov. EB-2 NIW statistics reflect the Dhanasar framework era (2021–2025); the prior NYSDOT framework applied different legal standards. These are appeals, not all USCIS adjudications; approval rates here are not initial-filing approval rates. Read our full methodology.

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