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EB-2 NIWOtherEmployerDecided May 2023Dismissed

Outcome: Dismissed

MAY192023_01B5203

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

Our summary

Employer-sponsored airfield operations specialist sought EB-2 NIW. Underlying EB-2 eligibility not determined by director. AAO dismissed appeal, finding proposed airport operations work lacks national importance; benefits limited to single employer without broader aviation field impact.

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 · Airfield operations specialist's endeavor lacks broader field implications; generic occupational importance does not establish national importance

Criteria

CriterionReadingWhy
Merit and national importanceNot metAirfield operations specialist's endeavor lacks broader field implications; generic occupational importance does not establish national importance
Well positionedNot reached / not discussedFirst prong failed; second prong not analyzed per Dhanasar framework
Balance favors a waiverNot reached / not discussedFirst prong failed; third prong not analyzed per Dhanasar framework

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

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