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EB-2 NIWOtherIndividualDecided August 2024Dismissed

Outcome: Dismissed

AUG272024_05B5203

Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed

Our summary

An airline pilot seeking EB-2 classification with NIW based on proposal to teach flight instruction claims his endeavor has national importance. AAO held the proposed endeavor lacks national importance because evidence does not show impact on field or economy beyond individual students, thus failing first prong of Dhanasar; appeal dismissed.

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 · Proposed endeavor lacks national importance; impact limited to individual students and employers, not field-wide or economy-wide significance.

Criteria

CriterionReadingWhy
Merit and national importanceNot metProposed endeavor lacks national importance; impact limited to individual students and employers, not field-wide or economy-wide significance.
Well positionedNot reached / not discussedNot reached because first prong fails; decision reserves analysis of second prong.
Balance favors a waiverNot reached / not discussedNot reached because first prong fails; decision reserves analysis of third prong.

A published decision describes one case. It is not legal advice and not a prediction for yours.

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