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EB-2 NIWEducation and academiaIndividualDecided December 2023Dismissed

Outcome: Dismissed

DEC052023_03B5203

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

Our summary

An aviation instructor sought EB-2 NIW to teach pilots in the United States. The AAO dismissed the appeal because the petitioner failed to establish national importance of his teaching endeavor. Post-filing claims about founding his own flight school introduced new facts unsupported at time of filing.

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 aviation teaching endeavor lacked national importance. Generalized industry facts did not address petitioner's specific impact or broader implications.

Criteria

CriterionReadingWhy
Merit and national importanceNot metProposed aviation teaching endeavor lacked national importance. Generalized industry facts did not address petitioner's specific impact or broader implications.
Well positionedNot reached / not discussedNot reached because first prong failed on national importance element.
Balance favors a waiverNot reached / not discussedNot reached because first prong failed on national importance element.

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

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