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EB-2 NIWOtherIndividualDecided 2023Dismissed

Outcome: Dismissed

DEC082023_05B5203

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

Our summary

Commercial captain sought NIW under EB-2 as advanced degree professional. Claimed endeavor had substantial merit and national importance addressing pilot shortage. AAO found record did not establish national importance of specific proposed work as individual pilot, lacking evidence of broader industry impact or individual contribution to resolving shortage.

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 work as pilot lacked demonstrated national importance; no evidence of impact on pilot shortage or supply chain beyond individual airline

Criteria

CriterionReadingWhy
Merit and national importanceNot metProposed work as pilot lacked demonstrated national importance; no evidence of impact on pilot shortage or supply chain beyond individual airline
Well positionedNot reached / not discussedNot analyzed because first prong failed; decision reserved remaining prongs
Balance favors a waiverNot reached / not discussedNot analyzed because first prong failed; decision reserved remaining prongs

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

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