dismissedJAN252024_01B52032024-01-25 · 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, a certified flight instructor and curriculum developer, sought to modernize flight simulator training by leveraging her coding and software knowledge to create a new teaching paradigm for pilot instruction.
Field: aviation / flight instruction curriculum development · Read the decision (uscis.gov)
EB-2 threshold — addressed
Director found Petitioner qualified for EB-2 as an advanced degree holder based on bachelor's degree plus five years of progressive experience.
Prong 1 — national importancenot established · dispositive
“the Petitioner's endeavor does not possess characteristics that are indicative of national importance”
“the Director disagreed with the Petitioner's assertion that her endeavor as a flight simulator instructor and curriculum developer stands to impact or significantly reduce the claimed national pilot shortage”
“the record does not offer sufficient evidence explaining how the Petitioner plans to implement her "new teaching paradigm" to impact flight training industry wide”
“it is unclear how the proposed endeavor's impact will extend beyond the specific institutions where the Petitioner plans to teach”
“no evidence that the Petitioner's pursuit of her endeavor would involve advancing STEM technologies and research”
AAO decision text
How the evidence was treated
- recommendation letter · discounted
“these elements are more relevant to the Petitioner's ability to advance her endeavor... does not directly address... the endeavor's national importance”
AAO decision text
Where this case turned
- Endeavor too vague · p1 — described as a job role, not a defined undertaking
- Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
- 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
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Notable
AAO adopted and affirmed the Director's decision under Matter of Burbano rather than conducting fully independent analysis, citing circuit court precedent (Giday v. INS, Chen v. INS) approving this practice.
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)
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