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EB-2 NIWOtherIndividualDecided October 2023Dismissed

Outcome: Dismissed

OCT062023_02B5203

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

Our summary

Commercial pilot sought EB-2 NIW; materially changed proposed endeavor from pilot employment to drone technology business in response to RFE. AAO rejected drone business change as material alteration and affirmed first-prong denial: pilot employment lacks national importance despite aviation industry shortage; individual employment cannot extend beyond employer level.

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 pilot employment lacks national importance; does not address field-broad impact or economy; industry shortage does not render individual employment nationally important

Criteria

CriterionReadingWhy
Merit and national importanceNot metProposed pilot employment lacks national importance; does not address field-broad impact or economy; industry shortage does not render individual employment nationally important
Well positionedNot reached / not discussedNot reached because first prong fails; dispositive issue identified
Balance favors a waiverNot reached / not discussedNot reached because first prong fails; dispositive issue identified

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

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