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EB-2 NIWSports and athleticsIndividualDecided November 2023Dismissed

Outcome: Dismissed

NOV092023_02B5203

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

Our summary

An aircraft pilot sought NIW for EB-2 exceptional ability classification. Petitioner proposed piloting and training other pilots to address industry shortage. The AAO dismissed, finding the endeavor lacked demonstrated national importance; prior foreign experience and industry demand alone do not establish prospective national 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 · Generalized industry-wide pilot demand and training lacked specific national or global implications required by framework.

Criteria

CriterionReadingWhy
Merit and national importanceNot metGeneralized industry-wide pilot demand and training lacked specific national or global implications required by framework.
Well positionedNot reached / not discussedNot reached; first prong failed, remaining prongs reserved.
Balance favors a waiverNot reached / not discussedNot reached; first prong failed, remaining prongs reserved.

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

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