NIW Bearings
dismissedNOV222024_06B52032024-11-22 · appeal · Texas 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 sought to work as a flight training consultant helping airlines, flight training organizations, and freight carriers develop and accredit competency-based training and assessment (CBTA) programs for pilots.

Field: aviation flight training / curriculum design · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found Petitioner did not establish eligibility as an advanced degree professional or exceptional ability individual; AAO reserved this issue as unnecessary given dispositive prong 1 failure.

Prong 1 — national importancenot established · dispositive

“the Petitioner has not offered sufficient information and evidence to demonstrate that the consulting services he intends to provide as part of his endeavor, even if to multiple different companies in the industry, would sufficiently extend beyond his own current or prospective clients to have broader implications in the field”
“the Petitioner's general assertions in his statement regarding the contributions his proposed endeavor will make to the national economy are not supported by corroborating evidence”
“His unsupported and general claims regarding job creation are insufficient to establish that the number of jobs created by his proposed endeavor would result in substantial positive economic effects”
“Our focus, however, is on the prospective impact of the specific endeavor that the Petitioner proposes to undertake, rather than his credentials and experience or the importance of the industry”

AAO decision text

How the evidence was treated

  • resume experience · discounted
    “primarily describes the Petitioner's experience in the field of aviation curriculum design and assessment”
    AAO decision text
  • other · discounted
    “articles describing the benefits of CBTA programs within the U.S. aviation field and the importance of the aviation field in general”
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
  • Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
  • Local, not national scope · p1 — impact confined to clients / a region
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Notable

AAO reserved both the threshold EB-2 classification issue and prongs 2 and 3, resting dismissal entirely on prong 1's national importance failure; cites Brasil v. Sec'y of DHS on discretionary nature of NIW grants.

Authorities this decision leans on

From the doctrinal survivor set — 187 authority tests across 47 distinct authorities cleared the differential-lift gates. Only those appear here.

  • 8 C.F.R. 103.3
  • Matter of L-A-C-

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