NIW Bearings
dismissedMAY152025_01B52032025-05-15 · 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.

The Petitioner, an aircraft mechanic, proposed to work for U.S. aviation companies performing inspection, diagnosis, and repair of aircraft and engines, having also formed his own aviation maintenance consultancy and planning to develop mechanic training programs.

Field: aircraft mechanics / aviation maintenance · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

The Petitioner cites no evidence to support these claims.
The record does not indicate that the artificial intelligence (AI)-driven diagnostics and predictive maintenance technologies used by the Petitioner are unique, innovative or otherwise have national or global implications in the aviation industry.
These letters are insufficient to demonstrate the national importance of the Petitioner's proposed endeavor.
Here, the Petitioner has not established that his training programs would sufficiently extend beyond his individual trainees to impact his field more broadly at a level commensurate with national importance.
In addition, the U.S. Department of Labor addresses labor shortages through the labor certification process which the Petitioner seeks to waive in this case.
our assessment of national importance does not focus on the importance of issues affecting an industry alone, but instead "focuses on the specific endeavor that the foreign national proposes to undertake."

AAO decision text

How the evidence was treated

  • business plan · discounted
    The Petitioner cites no evidence to support these claims.
    AAO decision text
  • recommendation letter · discounted
    but do not discuss any potential prospective impact of his proposed endeavor
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Endeavor too vague · p1described as a job role, not a defined undertaking
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
  • Letters conclusory · p1letters praise skills in general terms without tracing specific impact
  • Local, not national scope · p1impact confined to clients / a region
  • Occupational shortage argument rejected · p1argues a labor shortage — the labor-certification question, not Dhanasar
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Notable

AAO reserved the threshold EB-2 classification issue entirely since prong 1 was dispositive; also notably rejected the labor-shortage argument by pointing out that labor shortages are the province of the labor certification process the petitioner sought to waive.

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
  • INA 203(b)(2)

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