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EB-2 NIWOtherIndividualDecided September 2023Dismissed

Outcome: Dismissed

SEP222023_04B5203

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

Our summary

Commercial pilot seeking NIW for EB-2 as individual of exceptional ability claimed national importance based on U.S. pilot shortage and aviation industry importance. AAO dismissed because pilot shortage and industry importance do not establish national importance of specific endeavor; no evidence of prospective impact on aviation field beyond employers and customers.

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 · Commercial pilot work has substantial merit but lacks evidence of prospective impact on aviation industry at level of national importance

Criteria

CriterionReadingWhy
Merit and national importanceNot metCommercial pilot work has substantial merit but lacks evidence of prospective impact on aviation industry at level of national importance
Well positionedNot reached / not discussedFirst prong failed; second prong not reached or analyzed
Balance favors a waiverNot reached / not discussedFirst prong failed; third prong not reached or analyzed

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

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