EB-2 NIWOtherIndividualDecided January 2023Dismissed
Outcome: Dismissed
JAN112023_04B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
A pilot sought EB-2 classification with national interest waiver for aviation work. AAO dismissed the appeal, holding the petitioner established substantial merit but failed to demonstrate the national importance of his specific proposed endeavor as required by the first Dhanasar prong; general industry importance insufficient.
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 · Petitioner established substantial merit but failed to demonstrate national importance; merely working in important aviation field insufficient; lack of specific prospective impact documentation
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Petitioner established substantial merit but failed to demonstrate national importance; merely working in important aviation field insufficient; lack of specific prospective impact documentation |
 Well positioned | Not reached / not discussed | First prong failed; second and third prongs not reached as unnecessary |
 Balance favors a waiver | Not reached / not discussed | First prong failed; third prong not reached as unnecessary |
A published decision describes one case. It is not legal advice and not a prediction for yours.