NIW Bearings
dismissedAPR172025_07B52032025-04-17 · appeal

This is an AAO appeal decision — a case denied once and appealed. It shows how the framework is applied; it is not the filing population.

The Beneficiary, an experienced airline pilot, was to be employed by the Petitioner aviation company as Second-in-Command/Copilot on flights supporting the owner's Puerto Rico healthcare businesses.

Field: aviation / airline piloting · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

“The Petitioner asserts SCOPS mischaracterized the Beneficiary's proposed endeavor as only benefiting Mr.”
“However, a labor shortage alone does not establish national importance.”
“The Petitioner cites no evidence to support these claims.”
“D-S- does not establish how the employment of one individual would ameliorate a global pilot shortage”
“there is no evidence that the Beneficiary's proposed endeavor would employ anyone besides the Beneficiary or would generate income or taxes that would positively affect the Puerto Rican economy”

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    “does not establish how the Beneficiary's work... would extend beyond the Petitioner to impact... more broadly in a manner commensurate with national importance”
    AAO decision text
  • resume experience · discounted
    “are more relevant to the second Dhanasar prong which examines whether an individual is well positioned to advance the proposed endeavor”
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
  • Employer-specific benefit · p1 — "work furthers my company's product" — value accrues to one firm
  • Letters conclusory · p1 — letters praise skills in general terms without tracing specific impact
  • Occupational shortage argument rejected · p1 — argues a labor shortage — the labor-certification question, not Dhanasar
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Notable

AAO reserved both the underlying EB-2 exceptional-ability classification and Dhanasar prongs 2 and 3, resting the dismissal entirely on failure of prong 1's national-importance requirement; footnote cites circuit consensus (5th, 3rd, 9th, 11th, D.C.) that NIW grants are discretionary.

Authorities this decision leans on

From the doctrinal survivor set — 187 authority tests across 47 distinct authorities cleared the differential-lift gates. Only those appear here.

  • 8 C.F.R. 103.3
  • Flores v. Garland

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