NIW Bearings
dismissedJAN062026_02B52032026-01-06 · appeal · SCOPS Service Center

This is an AAO appeal decision — a case denied once and appealed. It shows how the framework is applied; it is not the filing population.

The petitioner proposed to lead an Aircraft Process Quality Control Program in the United States, working as a technical consultant, aircraft inspector, or instructor within FAA Part 145-certified companies or civilian UH-60 operators to improve aviation safety, reliability, and operational efficiency.

Field: aviation / aircraft quality control and inspection · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

the record does not establish how the Petitioner intends to accomplish his goal of 'working as a technical consultant, aircraft inspector, or instructor within FAA Part 145-certified companies or civilian UH-60 operators,' whether as a worker directly employed by those companies or by founding a startup airline safety consulting company.
the record does not substantiate those statements with probative, objective evidence of that.
the publications in the record providing generalized information regarding the aviation industry do not address the Petitioner, the specific endeavor he proposes to undertake, and how the endeavor may have the type of broader implications indicative of national importance
determining whether the specific endeavor an individual proposes to undertake may have national importance does not consider merely whether the industry, field, or profession in which an individual will work is important or 'aligns ... with national priorities.'
the Petitioner does not satisfy his burden of establishing what the specific endeavor would be and demonstrating how the specific endeavor may do so.

AAO decision text

How the evidence was treated

  • other · discounted
    they provide information regarding the importance of the industry, field, or profession in which the Petitioner will work, which is not the focus in determining whether a proposed endeavor may have national importance.
    AAO decision text
  • resume experience · discounted
    the Petitioner's qualifications and prior work experience are material to the second Dhanasar prong ... they do not address how the specific, prospective endeavor an individual proposes to undertake may have national or even global implications
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Endeavor too vague · p1described as a job role, not a defined undertaking
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
  • Local, not national scope · p1impact confined to clients / a region
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Notable

The AAO emphasized that the petitioner's failure to clarify whether the endeavor involved direct employment versus founding a consulting startup was material to the national importance analysis, specifically because it bore on the potential to employ U.S. workers. The petitioner's notable past achievement — identifying a design flaw in the AW139 helicopter tail rotor system leading to a global Alert Service Bulletin — was acknowledged on appeal but deemed relevant only to Prong 2 (well-positioned), not Prong 1 national importance. The threshold EB-2 exceptional ability finding was expressly reserved.

What this case teaches

Analyst reading of the decision text.

Decisive factor

Petitioner never clarified the concrete structure of the endeavor (employee vs. founder) or substantiated its scope, so national importance under prong one could not be established.

Transferable lesson

Define the endeavor's concrete operational structure (employer/role, location, scale) and support job-creation or impact claims with specific, objective evidence, not generic industry importance.

Endeavor framing

vague

National-importance theory

economic_job_creation · field_advancement · government_interest

Evidence targeting

person_focused

Cases in adjacent profiles