NIW Bearings
dismissedAPR252024_07B52032024-04-25 · appeal · Texas Service Center

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 Petitioner proposed to educate and certify new pilots in the United States, aiming to bring more pilots into the aviation industry and support safe air transport.

Field: aviation / pilot training and certification · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

the record does not adequately explain how these potential employment opportunities will be realized
the record does not sufficiently show through supporting documentation how the Petitioner's services and improvements stand to sufficiently extend beyond his prospective clients to impact the industry or the U.S. economy more broadly
the record does not show that benefits to the regional or national economy resulting from the Petitioner's endeavor would reach the level of "substantial positive economic effects"

AAO decision text

How the evidence was treated

  • business plan · discounted
    the record does not adequately explain how these potential employment opportunities will be realized
    AAO decision text
  • recommendation letter · discounted
  • other · discounted
    the record does not sufficiently show through supporting documentation how the Petitioner's services and improvements stand to sufficiently extend beyond his prospective clients
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Endeavor too vague · p1described as a job role, not a defined undertaking
  • Local, not national scope · p1impact confined to clients / a region
2,501coded decisions carry the failure named in this record. A placement shows where your profile sits among them, not what it predicts.See where your profile sits — 90 seconds

Notable

The AAO expressly adopted and affirmed the Director's Dhanasar prong-one analysis under Matter of Burbano rather than conducting an independent review, and declined to reach prongs two and three as unnecessary under INS v. Bagamashad and Matter of L-A-C-.

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.

  • Chen v. INS
  • Flores v. Garland
  • Matter of L-A-C-

Cases in adjacent profiles