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EB-2 NIWSports and athleticsIndividualDecided September 2023Dismissed

Outcome: Dismissed

SEP142023_03B5203

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 to provide aviation services. The AAO affirmed dismissal because the specific endeavor lacked national importance despite aviation industry significance; proposing to employ seven workers in Florida with inconsistent business documentation insufficient to demonstrate broader field impact or substantial economic effects.

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 · Aircraft pilot aviation services lack national importance; material inconsistencies undermine business plan credibility; no evidence of broader implications or substantial economic effects beyond clients

Criteria

CriterionReadingWhy
Merit and national importanceNot metAircraft pilot aviation services lack national importance; material inconsistencies undermine business plan credibility; no evidence of broader implications or substantial economic effects beyond clients
Well positionedNot reached / not discussedNot reached due to failure on first prong; prior academic and employment history immaterial to first prong; decision reserves opinion on second prong
Balance favors a waiverNot reached / not discussedNot reached due to failure on first prong

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

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