NIW Bearings
dismissedDEC052024_05B52032024-12-05 · 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, an airline pilot, proposed to continue working as a pilot in the United States while also training and mentoring new pilots.

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

EB-2 threshold — addressed

The Director concluded, and the record supports, that the Petitioner qualifies for EB-2 classification as an individual of exceptional ability.

Prong 1 — national importancenot established · dispositive

the relevant question is not the importance of the industry or occupation where the Petitioner will work, but the specific impact of that proposed endeavor
The Petitioner has not specified how his employment as a pilot, in and of itself, would alleviate a nationwide shortage of such workers.
the Petitioner has not provided evidence establishing what economic effects would be attributable to his specific endeavor
working in an area with substantial merit does not mean that one's endeavor will have national importance
The record does not have a cognizable or detailed plan for reaching an audience wider than the individuals the Petitioner will purportedly directly train and mentor in the future.

AAO decision text

How the evidence was treated

  • other · discounted
    the record does not establish how the Petitioner's teaching would impact the U.S. pilot shortage on a level rising to national importance
    AAO decision text
  • resume experience · discounted
    these factors relate to the second Dhanasar prong regarding whether the Petitioner is well-positioned to advance his endeavor
    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
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
  • 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

AAO explicitly rejects reliance on pilot-shortage/occupational-importance arguments and clarifies that petitioner attributes (experience, dedication, skill) are not germane to prong 1 but instead relate to prong 2, which it declines to reach.

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
  • Matter of E-M-
  • Matter of L-A-C-

Cases in adjacent profiles