EB-2 NIWSports and athleticsIndividualDecided December 2023Dismissed
Outcome: Dismissed
DEC212023_01B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
A commercial airline pilot seeks NIW for EB-2, claiming his work maintains rural routes and promotes aviation safety and efficiency. The AAO dismissed the appeal, finding substantial merit but no national importance because his individual employment cannot materially affect airline industry or rural service provision on a national scale.
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 · Substantial merit found for pilot work but national importance not established; endeavor lacks broader implications for airline industry or economy
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Substantial merit found for pilot work but national importance not established; endeavor lacks broader implications for airline industry or economy |
 Well positioned | Not reached / not discussed | Not reached because first prong fails; decision reserves this issue |
 Balance favors a waiver | Not reached / not discussed | Not reached because first prong fails; decision reserves this issue |
A published decision describes one case. It is not legal advice and not a prediction for yours.