dismissedNOV172023_04B52032023-11-17 · 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 airline pilot, sought to work as a commercial pilot (and possibly flight instructor) for a U.S. airline, citing the national pilot shortage and aviation's importance to the economy.
Field: aviation / commercial piloting · Read the decision (uscis.gov)
EB-2 threshold — addressed
Director and AAO agreed Petitioner qualifies for EB-2 classification as an advanced degree professional.
Prong 1 — national importancenot established · dispositive
“he has not substantiated how one pilot will alleviate a national labor shortage, trigger substantial positive economic benefits, or otherwise have potential prospective impacts at a level commensurate with national importance”
“in determining national importance, the relevant question is not the importance of the industry or profession in which the individual will work”
“he similarly did not demonstrate how this work would have national implications within the field”
AAO decision text
Prong 2 — well positionedestablished
How the evidence was treated
- recommendation letter · credited
- resume experience · credited
- media · discounted
“the relevant question is not the importance of the industry or profession in which the individual will work”
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
AAO expressly adopts and affirms the Director's decision under Matter of Burbano rather than writing independent analysis; Petitioner's vague appellate arguments (unelaborated claims of 'novel evidentiary requirements') were rejected for lack of specificity.
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
- Chen v. INS
- Poursina v. USCIS
Cases in adjacent profiles
- The Petitioner, an aircraft mechanic and instructor, proposed to enhance aviation maintenance training programs, support
- The Petitioner seeks EB-2 classification as a member of the professions holding an advanced degree with a national inter
- The petitioner sought an EB-2 national interest waiver of the job offer requirement, but the substance of the proposed e
- The Beneficiary, sponsored by a private airline, sought EB-2 classification as an individual of exceptional ability in a
- The petitioner sought an EB-2 national interest waiver as a member of the professions holding an advanced degree; the sp