dismissedFEB092024_02B52032024-02-09 · appeal · Nebraska 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 experienced commercial airline pilot, proposed to work as a pilot and flight instructor/trainer for regional and charter airlines, providing Crew Resource Management and Human Factors training to new pilots.

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

EB-2 threshold — addressed

Director found exceptional ability not established at the final merits stage; AAO found the RFE's lack of a final-merits discussion was harmless error and reserved the threshold EB-2 question because prong 1 was dispositive.

Prong 1 — national importancenot established · dispositive

“the Petitioner has not shown his proposed endeavor stands to sufficiently extend beyond his customers and employers to enhance societal welfare on a broader scale indicative of national importance”

“the shortage of pilots, as well as aviation instructors, does not render the Petitioner's proposed endeavor nationally important under the Dhanasar framework”

“he has not presented evidence indicating that the benefits to the regional or national economy resulting from his undertaking would reach the level of "substantial positive economic effects"”

“the relevant question is not the importance of the industry or profession in which the individual will work”

“the Petitioner has not offered sufficient information and evidence to demonstrate that the prospective impact of his proposed endeavor rises to the level of national importance”

AAO decision text

How the evidence was treated

business plan · discounted
“the Petitioner has not offered sufficient information and evidence to demonstrate that the prospective impact of his proposed endeavor rises to the level of national importance”
AAO decision text
recommendation letter · discounted
“Though we acknowledge the Petitioner's experience and skill set... the Petitioner must demonstrate his proposed endeavor offers benefits which extend beyond his community”
AAO decision text
resume experience · discounted
“that fact alone is insufficient to establish the national importance of the endeavor proposed here”
AAO decision text
other · discounted
“the shortage of pilots, as well as aviation instructors, does not render the Petitioner's proposed endeavor nationally important under the Dhanasar framework”
AAO decision text

Where this case turned

Business plan speculative · p1 — projections without a documented basis or steps
Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
Employer-specific benefit · p1 — "work furthers my company's product" — value accrues to one firm
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

AAO found the Director's failure to reference the final merits determination in the RFE was harmless error because the prong 1 national importance failure was independently dispositive, allowing it to reserve the underlying exceptional-ability classification question entirely.

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. 204.5(k)(2)
8 C.F.R. 204.5(k)(3)(iii)
Kazarian v. USCIS
Matter of L-A-C-
Poursina v. USCIS
USCIS Policy Manual F.5(B)(2)

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