dismissedJUN202024_03B52032024-06-20 · 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, an experienced airline pilot and flight instructor, proposed to continue working as a pilot instructor and to conduct research to develop and enhance pilot training courses, materials, and products for use by U.S. and global airlines, aiming to address the pilot shortage.

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

Prong 1 — national importancenot established · dispositive

“the relevant question is not the importance of the field, industry, or profession in which the individual will work; instead, we focus on the "the specific endeavor that the foreign national proposes to undertake."”

“a labor shortage in a particular field generally does not render a proposed endeavor nationally important under the Dhanasar framework”

“he has not established that his proposed endeavor will specifically impact the economy at a level commensurate with national importance.”

“the Petitioner has not shown that the implications of his endeavor go beyond any individual pilot he trains or his employers to reach the level of national importance.”

AAO decision text

How the evidence was treated

recommendation letter · discounted
“While these letters help establish the substantial merit of his endeavor, they do not establish its national importance.”
AAO decision text
other · discounted
“these sources and statistics do not reference his proposed endeavor, and thus while they speak to the substantial merit of his endeavor, they do not establish its national importance.”
AAO decision text
resume experience · discounted
“his past and present achievements do not establish the national importance of his 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
Occupational shortage argument rejected · p1 — argues a labor shortage — the labor-certification question, not Dhanasar

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Notable

AAO found the Director committed legal error by stating that 'continuing employment in one's position, field, or industry is not an endeavor sufficient to evaluate' and withdrew that portion of the decision, as well as withdrawing the Director's finding on substantial merit (finding merit established), but still dismissed the appeal because national importance was not shown, declining to remand on that basis or reach prongs two and three.

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. 103.2(b)(8)
8 C.F.R. 103.3
8 C.F.R. 204.5(k)(2)
Flores v. Garland
Matter of E-M-
Matter of Ho
Matter of L-A-C-
USCIS Policy Manual F.5(D)(1)

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