EB-2 NIWBusiness and managementIndividualDecided August 2024Dismissed
Outcome: Dismissed
AUG012024_14B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
A pilot seeking EB-2 NIW to work in aviation claimed his endeavor has substantial merit and national importance. AAO held that while the aviation industry is important, the pilot's specific proposed work lacks demonstrated national importance and broader field impact.
Official PDF
Official PDF ↗Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.
No criterion in the table was found met in this decision.
What was missing
- Merit and national importance · Director found substantial merit; AAO found no national importance. Petitioner's work as pilot lacks broader implications commensurate with national importance.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Director found substantial merit; AAO found no national importance. Petitioner's work as pilot lacks broader implications commensurate with national importance. |
 Well positioned | Not reached / not discussed | Not reached because first prong fails; decision declines further analysis and reserves second and third prongs. |
 Balance favors a waiver | Not reached / not discussed | Not reached because first prong fails; decision declines further analysis and reserves second and third prongs. |
A published decision describes one case. It is not legal advice and not a prediction for yours.