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 · p1 — described as a job role, not a defined undertaking
- Local, not national scope · p1 — impact confined to clients / a region
- Occupational shortage argument rejected · p1 — argues a labor shortage — the labor-certification question, not Dhanasar
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-
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