dismissedMAR232023_01B52032023-03-23 · 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, proposed to work as a pilot for U.S. airlines to help alleviate the national shortage of pilots, though he later emphasized a new endeavor of operating his own aviation LLC and contracting other pilots.

Field: aviation / commercial piloting · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found Petitioner lacked five years progressive post-baccalaureate experience, but AAO withdrew that finding and found the advanced degree equivalency established.

Prong 1 — national importancenot established · dispositive

“a national shortage of professionals in a particular field does not necessarily establish the national importance of the proposed endeavor”

“the Petitioner has not sufficiently explained how his work as a pilot for U.S. airline companies would resolve the pilot shortage or produce an impact rising to the level of national importance”

“The Petitioner repeatedly emphasizes the importance of and shortages in the field, rather than the importance of the proposed endeavor”

“A visa petition may not be approved based on speculation of future eligibility or after a petitioner becomes eligible under a new set of facts”

“Without sufficient information or evidence regarding any projected U.S. economic impact or job creation attributable to his future work”

AAO decision text

How the evidence was treated

recommendation letter · discounted
“none of the letters mention the proposed endeavor or explain why it has national importance”
AAO decision text
other · discounted
“The advisory opinion does not contain a discussion of the proposed endeavor or its national importance but rather emphasizes the importance of the aviation field.”
AAO decision text
business plan · discounted
“a petitioner may not make material changes to a petition in an effort to make a deficient petition conform to USCIS requirements”
AAO decision text
resume experience · discounted
“the Petitioner's expertise relates to the second prong of the Dhanasar framework, which "shifts the focus from the proposed endeavor to the foreign national"”
AAO decision text
other · discounted
“Such evidence demonstrates the Petitioner's distinguished service, honor, and merit, but it does not support a finding of impact to the field of aviation.”
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
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
Occupational shortage argument rejected · p1 — argues a labor shortage — the labor-certification question, not Dhanasar

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Notable

AAO expressly declined to consider the Petitioner's post-filing entrepreneurial endeavor (owning an aviation LLC) as a material change under Matter of Michelin Tire Corp./Matter of Izummi, restricting analysis to the originally stated endeavor of working as an airline pilot.

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)(1)
8 C.F.R. 103.3
8 C.F.R. 204.5(k)(2)
Matter of Izummi
Matter of L-A-C-
Matter of V-K-
Poursina v. USCIS

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