NIW Bearings
dismissedJUL152024_10B52032024-07-15 · 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, a commercial pilot and flight instructor, proposed to train U.S. pilots at a Florida branch of a flight training company, teaching high-level flight instruction courses including inclement weather and dangerous condition training.

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

Prong 1 — national importancenot established · dispositive

“A shortage of qualified professionals alone does not render the work of an individual flight instructor nationally important under the Dhanasar precedent decision.”
“Rather, it appears that he will be working at an individual flight school that will exclusively benefit from all of his efforts within his field and his proposed endeavor involves only the 80 individual pilots he will train per year.”
“It also does not quantify what economic benefits the endeavor will generate, and so does not show that the endeavor will result in "substantial positive economic effects" as contemplated by Dhanasar.”
“The Petitioner has not shown how his specific proposed endeavor, as an individual flight instructor, has national implications within his particular field.”

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    “Shortages of qualified workers are directly addressed by the U.S. Department of Labor through the labor certification process.”
    AAO decision text
  • media · discounted
    “A shortage of qualified professionals alone does not render the work of an individual flight instructor nationally important.”
    AAO decision text
  • other · discounted
    “The record does not indicate that the Petitioner's endeavor will have national implications for the field of aviation.”
    AAO decision text

Where this case turned

  • 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
  • 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 noted the Petitioner claimed he and counsel never received the Director's decision, but records showed proper mailing; cited Flores v. Garland regarding discretionary nature of NIW grants.

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 L-A-C-

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