dismissedNOV132023_03B52032023-11-13 · 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 airline pilot, sought to continue working as an airline pilot in the United States, citing an occupational shortage of pilots.
Field: commercial airline piloting · Read the decision (uscis.gov)
Prong 1 — national importancenot established · dispositive
“the record does not show the Petitioner offered a specific, proposed endeavor consistent with Dhanasar”
“we note here the claim of a shortage in an occupation does not render a proposed endeavor nationally important under the Dhanasar framework”
“the Petitioner must demonstrate the national importance of his specific, proposed endeavor of working as a commercial or airline pilot rather the importance of pilots”
“the Petitioner did not show that his proposed endeavor has significant potential to employ U.S. workers or otherwise offers substantial positive economic effects”
AAO decision text
How the evidence was treated
- other · discounted
“such shortages of qualified workers are directly addressed by the U.S. Department of Labor through the labor certification process”
AAO decision text
Where this case turned
- 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
The AAO criticized the Director for failing to actually perform the claimed 'final merits determination' on exceptional ability but declined to remand since the petition failed on prong 1 regardless. The decision explicitly rejects a pilot-shortage argument, noting shortages are addressed via the labor certification process rather than NIW analysis.
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
- 8 C.F.R. 204.5(k)(3)(ii)
- Matter of L-A-C-
- Poursina v. USCIS
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- The Beneficiary, sponsored by a private airline, sought EB-2 classification as an individual of exceptional ability in a
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