NIW Bearings
dismissedAUG152024_05B52032024-08-15 · 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, a commercial pilot, sought to continue working as a pilot for U.S. airlines, charter operators, or private companies, and/or serve as a flight instructor or FAA check airman/inspector.

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

Prong 1 — national importancenot established · dispositive

“in determining national importance, the relevant question is not the importance of the industry or profession in which the individual will work”
“The Petitioner has not established that his proposed endeavor stands to significantly reduce the claimed national shortage.”
“shortages of qualified workers are directly addressed by the U.S. Department of Labor through the labor certification process.”
“the Petitioner does not offer evidence to show how his proposed endeavor would impact the air transportation industry or otherwise would operate on such a scale as to rise to a level of national importance.”
“the Petitioner has not shown that his proposed endeavor stands to sufficiently extend beyond his potential employers and clientele to impact his field or the U.S. economy more broadly”

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    “relate to the second prong of the Dhanasar framework, which "shifts the focus from the proposed endeavor to the foreign national."”
    AAO decision text
  • resume experience · discounted
    “relate to the second prong of the Dhanasar framework, which "shifts the focus from the proposed endeavor to the foreign national."”
    AAO decision text
  • certification membership · discounted
    “establish the Petitioner's knowledge of and skills in his field... relate to the second prong of the Dhanasar framework”
    AAO decision text
  • other · discounted
    “the relevant question is not the importance of the industry or profession in which the individual will work”
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
  • Endeavor too vague · p1 — described as a job role, not a defined undertaking
  • Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
  • Occupational shortage argument rejected · p1 — argues a labor shortage — the labor-certification question, not Dhanasar
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Notable

Petitioner did not contest the exceptional-ability threshold denial on appeal, so AAO deemed that issue waived under Matter of O-R-E-. AAO also rejected an occupational-shortage argument by noting shortages are addressed through the labor certification process rather than an NIW.

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
  • 8 C.F.R. 204.5(k)(2)
  • 8 C.F.R. 204.5(k)(3)(iii)
  • Flores v. Garland
  • Matter of L-A-C-
  • Matter of O-R-E-
  • Matter of R-A-M-
  • USCIS Policy Manual F.5(B)(2)

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