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EB-2 NIWSports and athleticsIndividualDecided March 2024Dismissed

Outcome: Dismissed

MAR222024_03B5203

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

Our summary

Helicopter pilot sought NIW for EB-2 exceptional ability classification to work in medical air transport without job offer. AAO dismissed appeal because proposed work lacked national importance despite claims of public health benefits; endeavor did not demonstrate broader field impact or substantial societal welfare enhancement.

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 · Helicopter pilot work in medical air transport lacks sufficient prospective impact demonstrating national importance; does not extend beyond employer to impact field broadly.

Criteria

CriterionReadingWhy
Merit and national importanceNot metHelicopter pilot work in medical air transport lacks sufficient prospective impact demonstrating national importance; does not extend beyond employer to impact field broadly.
Well positionedNot reached / not discussedNot reached because first prong failed; decision reserved analysis of remaining Dhanasar prongs.
Balance favors a waiverNot reached / not discussedNot reached because first prong failed; decision reserved analysis of remaining Dhanasar prongs.

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

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