dismissedJUN092021_10B52032021-06-09 · 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 beneficiary, an aircraft design engineer, was to design and perform engineering calculations for retrofitting passenger aircraft into air ambulances (PTA) and converting wide-body passenger jets into cargo freighters (PTF) for the petitioner's aircraft marketing/conversion business.
Field: aircraft design engineering / aviation · Read the decision (uscis.gov)
Prong 1 — national importancenot established · dispositive
“The Petitioner does not establish how the Beneficiary's proposed endeavor, improving the Petitioner's ability to perform aircraft conversions, has broader implications beyond the Petitioner's business”
“the record does not establish the specific anticipated positive economic effects of the proposed endeavor”
“the relevant question is not the importance of the industry, field, or profession in which an individual will work”
AAO decision text
How the evidence was treated
- other · discounted
“the record does not establish the specific anticipated positive economic effects of the proposed endeavor”
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
- Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
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Notable
The Director found substantial merit in the endeavor but not national importance; Petitioner argued USCIS mischaracterized the substantial-merit inquiry, but AAO found the objection misplaced since the Director had already conceded substantial merit. AAO explicitly declined to reach prongs 2 and 3.
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.
- INA 203(b)(2)
- INA 291
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