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EB-2 NIWOtherIndividualDecided March 2024Dismissed

Outcome: Dismissed

MAR062024_02B5203

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

Our summary

A commercial pilot from Colombia sought EB-2 exceptional ability and NIW based on filling pilot shortages. The AAO affirmed dismissal because the petitioner's proposed work lacked national importance. Working in a shortage-field alone does not establish national importance; the specific endeavor must demonstrate broader implications and impact beyond the employer and its clientele.

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 to work as commercial pilot lacked national importance; addressing field shortage insufficient.

Criteria

CriterionReadingWhy
Merit and national importanceNot metProposed endeavor to work as commercial pilot lacked national importance; addressing field shortage insufficient.
Well positionedNot reached / not discussedNot reached because first prong failed; national importance not established.
Balance favors a waiverNot reached / not discussedNot reached because first prong failed; national importance not established.

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

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