NIW Bearings
dismissedNOV302022_02B52032022-11-30 · 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 transport pilot, proposed to work as a pilot for a U.S. airline/cargo carrier, potentially become an aviation instructor, and separately open his own flight school in Florida.

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

EB-2 threshold — addressed

Director found Petitioner qualified as an advanced degree professional; this was not disputed on appeal.

Prong 1 — national importancenot established · dispositive

Overall, we have insufficient information concerning the proposed endeavor with which to determine whether it has both substantial merit and national importance because the Petitioner's proposed endeavor has not been clearly defined.
we conclude that the Petitioner has not provided a specific or consistent proposed endeavor activity such that we can determine its substantial merit and national importance.
how one pilot will improve a national shortage or will trigger substantial positive economic impacts has not been explained.
the relevant question is not the importance of the field, industry, or profession in which the individual will work; instead, we focus on the "the specific endeavor that the foreign national proposes to undertake."
simply having a global route does not establish that the endeavor has a global impact.

AAO decision text

How the evidence was treated

  • business plan · discounted
    he has not provided sufficient information of how his services in these areas would rise to the level of national importance
    AAO decision text
  • recommendation letter · ignored
  • other · discounted
    While these articles provide useful background information, they are of limited value in this matter, as the Petitioner's specific proposed endeavor is unclear.
    AAO decision text

Where this case turned

  • Business plan speculative · p1projections without a documented basis or steps
  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Endeavor too vague · p1described as a job role, not a defined undertaking
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
  • Occupational shortage argument rejected · p1argues a labor shortage — the labor-certification question, not Dhanasar
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Notable

Petitioner's endeavor was multi-pronged and shifting (pilot, instructor, flight-school owner) without a clear timeline or hierarchy; AAO treated this ambiguity itself as the central defect underlying the national importance failure.

What this case teaches

Analyst reading of the decision text.

Decisive factor

The proposed endeavor itself was never clearly defined (multiple concurrent, undifferentiated roles), making it impossible to assess substantial merit or national importance.

Transferable lesson

Define a single, concrete endeavor with a clear scope and timeline before arguing national importance; avoid listing multiple unrelated career goals as one endeavor.

Endeavor framing

vague

National-importance theory

economic_job_creation · geographic_or_shortage_area · national_security · economic_growth_generic

Evidence targeting

person_focused

Cases in adjacent profiles