EB-2 NIWOtherIndividualDecided January 2025Dismissed
Outcome: Dismissed
JAN032025_02B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
Pilot seeking NIW to provide aviation instruction services. AAO dismissed appeal, finding the proposed endeavor lacks national importance under Dhanasar because instruction would not impact the field more broadly and occupational shortages are addressed through labor certification.
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 sufficient evidence of national importance; instruction activities would not impact aviation field more broadly; occupational shortage alone insufficient
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Proposed endeavor lacks sufficient evidence of national importance; instruction activities would not impact aviation field more broadly; occupational shortage alone insufficient |
 Well positioned | Not reached / not discussed | First prong dispositive; remaining prongs not addressed as petitioner failed initial requirement |
 Balance favors a waiver | Not reached / not discussed | First prong dispositive; remaining prongs not addressed as petitioner failed initial requirement |
A published decision describes one case. It is not legal advice and not a prediction for yours.