NIW Bearings
dismissedJUL012026_03B52032026-07-01 · appeal

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.

A pilot with U.S. Air Force background sought to launch a company providing flight training and aviation consulting services, including social-media educational content, aiming to address aviation safety and workforce needs.

Field: aviation / pilot training and consulting · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

“these projections are not supported by details showing their basis or an explanation of how they will be achieved”
“the determination of national importance does not focus solely on the importance of one's field, industry, or profession in general, but "focuses on the specific endeavor that the foreign national proposes to undertake."”
“we are not persuaded by the argument that the Petitioner's proposed endeavor has national importance due to the shortage of workers in his industry”
“he has not demonstrated that his company's future staffing levels and business activity stand to provide substantial economic benefits in Florida or in other parts of the United States”
“The Petitioner's letters of support do not demonstrate that his proposed endeavor would operate on such a scale as to rise to a level of national importance”
“she does not explain how the Petitioner's day-to-day management of his company's training programs and its consulting projects as contemplated by his proposed endeavor rises to a level of national importance”

AAO decision text

How the evidence was treated

  • business plan · discounted
    “these projections are not supported by details showing their basis or an explanation of how they will be achieved”
    AAO decision text
  • recommendation letter · discounted
    “do not demonstrate that his proposed endeavor would operate on such a scale as to rise to a level of national importance”
    AAO decision text
  • other · discounted
    “she does not explain how the Petitioner's day-to-day management of his company's training programs...rises to a level of national importance”
    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
  • Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
  • Letters conclusory · p1 — letters praise skills in general terms without tracing specific impact
  • 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

USCIS' underlying denial did not address the EB-2 classification itself, only the national interest waiver; footnote cites Flores v. Garland on the discretionary nature of NIW decisions; appellate submission included an 'Annex to Original Business Plan' with substantially different (lower) revenue projections than the original business plan, which the AAO noted was also unexplained.

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
  • Flores v. Garland

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