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EB-2 NIWSports and athleticsEmployerDecided October 2024Dismissed

Outcome: Dismissed

OCT222024_01B5203

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

Our summary

An airline pilot sought EB-2 classification as exceptional ability and NIW waiver. The AAO found the petitioner failed to satisfy at least three evidentiary criteria for exceptional ability and did not establish that the proposed endeavor of working as a commercial airline pilot had national importance. 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 · Proposed work as airline pilot lacked demonstrated national importance as specific endeavor

Criteria

CriterionReadingWhy
Merit and national importanceNot metProposed work as airline pilot lacked demonstrated national importance as specific endeavor
Well positionedNot reached / not discussedNot reached because petitioner failed first prong; second prong analysis unnecessary
Balance favors a waiverNot reached / not discussedNot reached because petitioner failed first prong; balancing analysis unnecessary

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

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