EB-2 NIWBusiness and managementIndividualDecided September 2024Dismissed
Outcome: Dismissed
SEP232024_07B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
An airline pilot and CEO founded a pilot training company in Slovakia and sought NIW as EB-2 to open a U.S. branch. The service center found insufficient evidence of national importance and denied both EB-2 eligibility and waiver. The AAO affirmed on the national importance ground, finding local economic benefit insufficient.
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 training branch lacks evidence of broader aviation industry impact, substantial economic scale, or national labor shortage reduction
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Proposed pilot training branch lacks evidence of broader aviation industry impact, substantial economic scale, or national labor shortage reduction |
 Well positioned | Not reached / not discussed | Not reached because petitioner failed first prong; professional experience addresses second prong, not endeavor's national importance |
 Balance favors a waiver | Not reached / not discussed | Not reached because petitioner failed first prong; EB-2 eligibility also reserved as unnecessary to ultimate decision |
A published decision describes one case. It is not legal advice and not a prediction for yours.