NIW Bearings
dismissedMAY292024_06B52032024-05-29 · 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 Petitioner, a commercial airline pilot with a European ATPL license, proposed to transition to an FAA ATP license and work as a pilot in the U.S., later transitioning into flight instruction to help address a national pilot shortage.

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

EB-2 threshold — addressed

Director found, and record supports, that Petitioner qualified as a member of the professions holding an advanced degree; not contested on appeal.

Prong 1 — national importancenot established · dispositive

he does not explain how his intention to fill a single position in a field of high demand would alleviate an asserted national shortage of pilots
The importance of a nationwide issue does not confer national importance on the Petitioner's proposed endeavor to work as a pilot.
we observe that shortages in a field do not demonstrate that the Petitioner's endeavor stands to have an impact on the broader field
the record does not sufficiently demonstrate that his individual training efforts would have the national impact contemplated by Dhanasar

AAO decision text

How the evidence was treated

  • other · discounted
    it does not speak to whether the Petitioner's particular endeavor is of national importance
    AAO decision text

Where this case turned

  • Endeavor too vague · p1described as a job role, not a defined undertaking
  • Local, not national scope · p1impact confined to clients / a region
  • Occupational shortage argument rejected · p1argues a labor shortage — the labor-certification question, not Dhanasar
1,581coded decisions carry the failure named in this record. A placement shows where your profile sits among them, not what it predicts.See where your profile sits — 90 seconds

Notable

Petitioner submitted congressional bill text, news articles on pilot shortages, and Senate committee testimony on immigration's taxpayer impact as new evidence on appeal, all found irrelevant to the specific-endeavor inquiry. AAO expressly declined to reach prongs 2 and 3 as dispositive of prong 1 failure.

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-

Cases in adjacent profiles