dismissedJAN182024_07B52032024-01-18 · 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 initially proposed to work as an aviation security instructor training pilots and instructors in the U.S., but later in response to an RFE shifted the proposed endeavor to working as an airline pilot flying commercial and private freight/passenger charter aircraft to help address a pilot shortage.

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

EB-2 threshold — addressed

AAO withdrew the Director's finding of ineligibility for exceptional ability classification on procedural grounds (inadequate RFE notice), but reserved the ultimate categorical eligibility issue since prong 1 was dispositive.

Prong 1 — national importancenot established · dispositive

“The Petitioner's materially significant transformation into an airline pilot from an aviation security instructor rendered their proposed endeavor ill-defined and amorphous.”

“It is unclear from the evidence in the record that the work of a single airline pilot would have a significant impact beyond the immediate benefit provided to that airline pilot's employer by their services.”

“teaching activities did not rise to a level of having national importance because teaching activities do not have an impact on a specific field more broadly.”

“the Petitioner's proposed airline pilot endeavor did not have a potential prospective impact stemming from its broader implications that demonstrated its national importance.”

AAO decision text

Prong 3 — balance of factorsnot established

“they would be better addressed through the U.S. Department of Labor's (DOL) labor certification process.”

“The labor certification process permits U.S. employers to test the labor market to document the lack of able, available, qualified, and willing U.S. workers for positions with U.S. employers.”

AAO decision text

How the evidence was treated

recommendation letter · discounted
resume experience · discounted
“did not reflect the Petitioner's degree of expertise beyond that which would be ordinarily encountered in the field”
AAO decision text
certification membership · ignored
other · discounted
“The evidence in the record does not highlight how the work of one professional could have broader implications”
AAO decision text

Where this case turned

Employer-specific benefit · p1 — "work furthers my company's product" — value accrues to one firm
Endeavor too vague · p1 — described as a job role, not a defined undertaking
Local, not national scope · p1 — impact confined to clients / a region
Occupational shortage argument rejected · p1 — argues a labor shortage — the labor-certification question, not Dhanasar
U.S. worker availability · p3 — the impracticality of a labour-market test was asserted, not established

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Notable

The AAO found that the Petitioner materially changed the proposed endeavor between the initial filing (aviation security instructor) and the RFE response (airline pilot), citing Matter of Katigbak and Matter of Izummi to reject consideration of the new endeavor and finding this shift alone prevented a national importance analysis. The AAO also withdrew the Director's exceptional-ability denial on procedural grounds (inadequate RFE notice under 8 C.F.R. 103.2(b)(8)(iv)) but declined to resolve categorical eligibility since prong 1 was dispositive of the appeal.

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)(ii)
8 C.F.R. 204.5(k)(3)(iii)
Matter of Izummi
Matter of Katigbak
Matter of L-A-C-
Poursina v. USCIS

What this case teaches

Analyst reading of the decision text.

Decisive factor

Petitioner materially changed the proposed endeavor mid-petition (instructor to pilot), creating an amorphous endeavor; even the new pilot endeavor lacked evidence of impact beyond the employer.

Transferable lesson

Define one specific endeavor at filing and keep it consistent through RFE; show how its impact extends nationally beyond the immediate employer, not just that a shortage exists.

Endeavor framing

vague

National-importance theory

us_competitiveness · geographic_or_shortage_area · field_advancement

Evidence targeting

person_focused

Cases in adjacent profiles

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