remandedNOV202023_08B52032023-11-20 · 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.

A commercial pilot with over two decades of experience initially sought to continue working as a pilot for U.S. companies facing pilot shortages; on RFE he changed course, proposing instead to own and operate an international flight training academy.

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

EB-2 threshold — not met

Although the Director found the Petitioner met four of six exceptional-ability criteria, no final merits determination was performed, and the AAO found the record does not show a degree of expertise significantly above that ordinarily encountered in the field.

Prong 1 — national importancenot established

“the materially changed proposed endeavor should not have formed the basis of the Director's analysis of the Petitioner's eligibility for a national interest waiver”

“the Petitioner did not provide a staffing plan or hiring timeline, nor did he offer information about his own position”

“A petitioner may not make material changes to a petition in an effort to make a deficient petition conform to USCIS requirements”

AAO decision text

How the evidence was treated

business plan · discounted
“the Petitioner did not provide a staffing plan or hiring timeline, nor did he offer information about his own position”
AAO decision text
resume experience · discounted
“none of his previously held positions involved owning a business, but rather showed a lengthy history of working as a pilot”
AAO decision text

Where this case turned

Business plan speculative · p1 — projections without a documented basis or steps
Material change of endeavor · p1 — the endeavor described on appeal is not the one filed

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Notable

Unusual remand posture: the AAO reverses the Director's favorable findings on both exceptional ability and prong 1, faulting the Director for basing the national-importance analysis on a materially changed endeavor (career pilot to flight-academy owner) introduced only in the RFE response, and for failing to conduct a final merits determination on exceptional ability.

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. 103.2(b)(1)
8 C.F.R. 204.5(k)(2)
Matter of Izummi
Matter of Katigbak
Poursina v. USCIS
USCIS Policy Manual F.5(B)(2)

What this case teaches

Analyst reading of the decision text.

Decisive factor

Director based national-importance and exceptional-ability findings on a materially changed endeavor (flight academy) introduced only in RFE response, not the original filed endeavor, requiring remand for proper analysis.

Transferable lesson

Fully articulate the specific endeavor and its national-scale impact at filing; do not substitute a new business plan in RFE response, as it cannot cure the original petition.

Endeavor framing

vague

National-importance theory

geographic_or_shortage_area · economic_growth_generic

Evidence targeting

person_focused

Cases in adjacent profiles

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