NIW Bearings
dismissedAUG212024_01B52032024-08-21 · combined · 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, an aircraft mechanic, proposed to operate a business providing corrective and preventive aircraft maintenance services along with consulting and training, aiming to address a labor shortage of aviation mechanics.

Field: aviation/aircraft mechanics · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found Petitioner established advanced degree professional status; not contested on motion.

Prong 1 — national importancenot established · dispositive

We addressed the Petitioner's arguments that his endeavor would alleviate a national labor shortage of aviation mechanics and would result in substantial positive economic benefits at a level commensurate with national importance.
we concluded, upon review of the totality of the record, that he had not offered sufficient evidence to support these assertions.
the Director correctly concluded that the Petitioner had not established, by a preponderance of the evidence, the national importance of his proposed endeavor.

AAO decision text

How the evidence was treated

  • other · discounted
    he had not offered sufficient evidence to support these assertions
    AAO decision text
  • motion resubmission · discounted
    The Petitioner does not specify which of his appellate arguments we failed to address
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Occupational shortage argument rejected · p1argues a labor shortage — the labor-certification question, not Dhanasar
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

Petitioner raised a Fifth Amendment due process argument claiming the Director failed to fully consider evidence; AAO did not substantively address the constitutional claim, instead noting motion review is limited to the prior AAO decision and that Petitioner failed to specify which arguments were unaddressed.

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. 103.5
  • Matter of L-A-C-

Cases in adjacent profiles