NIW Bearings
summary_dismissalMAY312022_03B52032022-05-31 · 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 aircraft pilot, claimed an endeavor of national importance and sought a national interest waiver, though the specific nature of the endeavor was not detailed in the decision.

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

EB-2 threshold — not met

The Director found the Petitioner did not establish he is an individual of exceptional ability, and the AAO summarily dismissed the appeal because the Petitioner failed to identify any erroneous conclusion of law or fact regarding that finding.

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Notable

The appeal was summarily dismissed under 8 C.F.R. 103.3(a)(1)(v) because the Petitioner's appeal statement did not identify any erroneous conclusion of law or fact regarding the Director's exceptional-ability determination (the sole basis of denial), instead raising unrelated NIW national-importance arguments. The Petitioner promised a brief within 30 days but never filed one. Because the threshold exceptional-ability finding was never properly challenged, the AAO never reached the NIW prong analysis at all.

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.

  • INA 203(b)(2)

Cases in adjacent profiles