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 sought to continue his career in the United States as a skydiving instructor, claiming his work would impact individuals' health and address a shortage in his field.
Field: skydiving instruction · Read the decision (uscis.gov)
EB-2 threshold — not met
Prior appellate decision found Petitioner not eligible for underlying EB-2 classification, though Director's denial had not addressed this and it was not the sole basis for dismissal.
Prong 1 — national importancenot established · dispositive
“he did not establish his endeavor would result in broader implications at a level commensurate with national importance, or otherwise result in substantial economic effects”
AAO decision text
How the evidence was treated
- motion resubmission · discounted
“the Petitioner again submits the same brief initially submitted on appeal with only a passing acknowledgement of our dismissal of his motion to reconsider”
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
- Occupational shortage argument rejected · p1 — argues a labor shortage — the labor-certification question, not Dhanasar
Notable
This is a second motion to reconsider following a prior appeal dismissal and a prior motion to reconsider dismissal; the AAO found the Petitioner merely resubmitted the same appeal brief without addressing the prior decision's reasoning, citing Matter of O-S-G- (BIA) for the principle that a motion to reconsider cannot simply reargue the original brief.
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(a)(1)(ii)
- 8 C.F.R. 103.5(a)(3)
- 8 C.F.R. 103.5(a)(4)
- Matter of O-S-G-
Cases in adjacent profiles
- The Petitioner, an aircraft mechanic and instructor, proposed to enhance aviation maintenance training programs, support
- The Petitioner seeks EB-2 classification as a member of the professions holding an advanced degree with a national inter
- The petitioner sought an EB-2 national interest waiver of the job offer requirement, but the substance of the proposed e
- The Beneficiary, sponsored by a private airline, sought EB-2 classification as an individual of exceptional ability in a
- The petitioner sought an EB-2 national interest waiver as a member of the professions holding an advanced degree; the sp