EB-2 NIWOtherEmployerDecided November 2023Dismissed
Outcome: Dismissed
NOV132023_03B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
An airline pilot seeking EB-2 with national interest waiver. The AAO found no specific, detailed proposed endeavor beyond continuing commercial pilot work. The petitioner failed to establish substantial merit and national importance, confusing industry shortage with endeavor-specific national importance under Dhanasar. Appeal dismissed.
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 · Vague proposed endeavor; pilot shortage does not establish national importance under Dhanasar
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Vague proposed endeavor; pilot shortage does not establish national importance under Dhanasar |
 Well positioned | Not reached / not discussed | First prong failed; second and third prongs not analyzed |
 Balance favors a waiver | Not reached / not discussed | First prong failed; second and third prongs not analyzed |
A published decision describes one case. It is not legal advice and not a prediction for yours.