dismissed EB-2 NIW Case: Aviation

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: MAY 29, 2024 In Re: 30776297 
Appeal of Nebraska Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver) 
The Petitioner, a pilot, seeks employment-based second preference (EB-2) immigrant classification as 
a member of the professions holding an advanced degree. See Immigration and Nationality Act (the 
Act) section 203(b)(2), 8 U.S.C. § 1153(b)(2). The Petitioner also seeks a national interest waiver of 
the job offer requirement that is attached to this EB-2 immigrant classification. See section 
203(b )(2)(B)(i) of the Act, 8 U.S.C. § l 153(b )(2)(B)(i). U.S. Citizenship and Immigration Services 
(USCIS) may grant this discretionary waiver of the required job offer, and thus of a labor certification, 
when it is in the national interest to do so. 
The Director of the Nebraska Service Center denied the petition, concluding the record did not 
establish that the Petitioner qualifies for a national interest waiver. The matter is now before us on 
appeal. 8 C.F.R. § 103.3. 
The Petitioner bears the burden of proof to demonstrate eligibility by a preponderance of the evidence. 
Matter ofChawathe, 25 I&N Dec. 369, 375-76 (AAO 2010). We review the questions in this matter 
de novo. Matter of Christo 's, Inc., 26 I&N Dec. 537, 537 n.2 (AAO 2015). Upon de novo review, 
we will dismiss the appeal. 
I. LAW 
To establish eligibility for a 
national interest waiver, a petitioner must first demonstrate qualification 
for the underlying EB-2 visa classification, as either an advanced degree professional or an individual 
of exceptional ability in the sciences, arts, or business. Section 203(b )(2)(B)(i) of the Act. 
If a petitioner demonstrates eligibility for the underlying EB-2 classification, they must then establish 
that they merit a discretionary waiver of the job offer requirement "in the national interest." Id. While 
neither the statute nor the pertinent regulations define the term "national interest," Matter ofDhanasar, 
26 I&N Dec. 884, 889 (AAO 2016), provides the framework for adjudicating national interest waiver 
pet1t10ns. Dhanasar states that USCTS may, as matter of discretion, 1 grant a national interest waiver 
if the petitioner demonstrates that: 
• The proposed endeavor has both substantial merit and national importance; 
• The individual is well-positioned to advance their proposed endeavor; and 
• On balance, waiving the job offer requirement would benefit the United States. 
See Dhanasar, 26 I&N Dec. at 888-91, for elaboration on these three prongs. 
TT. ANALYSTS 
The Director concluded that the Petitioner qualified as a member of the professions holding an 
advanced degree. The record supports that determination. The remaining issue to be determined on 
appeal is whether the Petitioner has established that a waiver of the requirement of a job offer, and 
thus a labor certification, would be in the national interest. 
The Petitioner intends to work as a commercial airline pilot. The Petitioner initially provided the 
following statement describing his proposed endeavor: 
The data from [the] Federal Aviation Administration indicates that over the coming 
years, the commercial airline industry will be focused on managing through the 
aftereffects of the pandemic, with unsteady progress as the industry tries to return to a 
pre-pandemic environment. Some of these constraints existed even prior to the 
pandemic and have just been exasperated with the pandemic. Of significance is the 
shortage of airline transport pilots and maintenance crews for air carriers, which was 
already a concern even prior to the pandemic. In short, the total number of ATP 
[Airline Transport Pilot] licenses issued does not meet the demands of the industry, as 
pilot demand is expected to be about 18,000 yearly for the next ten years. 
While this may seem like an employer-employee type of demand, it goes beyond 
staffing issues, as airline[s] are forced to cancel flights as demand exceeds availability 
of pilots and crew, thereby impacting the airports and hubs that benefit from the flow 
of persons in and out of their localities. This is further hampered by disruptions in the 
availability of qualified applicants to fill in the position. To cut costs during the 
pandemic, many airlines offered their pilots early retirement plans, which combined 
with the difficulty to find qualified applicants has resulted in a shift for a national and 
international demand for qualified pilots. The time and cost requirement for training a 
qualified pilot is also a contributing factor that is a serious problem for both regional 
and mainstream airlines. 
My proposed endeavor will entail the transition of my European ATPL license to a 
FAA (Federal Aviation Administration) ATP license and for me to immediately 
1 See Flores v. Garland, 72 F.4th 85, 88 (5th Cir. 2023) (joining the Ninth, Eleventh, and D.C. Circuit Courts (and Third 
in an unpublished decision) in concluding that USCIS' decision to grant or deny a national interest waiver to be 
discretionary in nature). 
2 
commence work in my field of endeavor .... For the first 10-12 years, I will utilize 
my extensive experience in the field as a Captain and commanding officer to contribute 
to the US economy and benefit the national interest of the United States .... 
Based on my age I am able to continue my work in the field of endeavor for at least 23 
more years before reaching the mandatory retirement age for pilots, which is also a 
substantial contributing factor in my ability to develop and advance my work in the 
field for the next quarter of a century. 
Given my extensive background and professional history, I'm also well qualified as a 
flight instructor to train other candidates; as I have done before. During this 5-7-year 
transitional period, I would be furthering my endeavor as both a pilot and flight 
instructor by pursuing my Active Flight Instructor Certificate (CFI). Once I have 
established my transition and presence as an instructor, I would be at the cusp of 
mandatory retirement age as a pilot and can pursue my endeavor as an instructor by 
building business relationships to allow me to fully transition into operating a flight 
school academy or more preferably working for the U.S. Government as a flight 
instructor. 
The first prong, substantial merit and national importance, focuses on the specific endeavor that the 
individual proposes to undertake. The endeavor's merit may be demonstrated in a range of areas such 
as business, entrepreneurialism, science, technology, culture, health, or education. In determining 
whether the proposed endeavor has national importance, we consider its potential prospective impact. 
Dhanasar, 26 I&N Dec. at 889. 
In determining national importance, the relevant question is not the importance of the industry or 
profession in which the individual will work; instead, we focus on the "the specific endeavor that the 
foreign national proposes to undertake." See Dhanasar, 26 I&N Dec. at 889. In Dhanasar, we further 
noted that "we look for broader implications" of the proposed endeavor and that "[a ]n undertaking 
may have national importance for example, because it has national or even global implications within 
a particular field." Id. We also stated that "[a]n endeavor that has significant potential to employ U.S. 
workers or has other substantial positive economic effects, particularly in an economically depressed 
area, for instance, may well be understood to have national importance." Id. at 890. Further, to 
evaluate whether the Petitioner's proposed endeavor satisfies the national importance requirement, we 
look to evidence documenting the "potential prospective impact" of his work. 
The Director determined that the Petitioner's endeavor to pilot commercial aircraft had substantial 
merit. The Director concluded, however, that the Petitioner did not sufficiently demonstrate his 
proposed endeavor had national importance. The Director explained that the Petitioner had not 
demonstrated that his endeavor would have an impact nationally. The Director added that, since the 
Petitioner contended that his proposed endeavor would have national importance because of a national 
pilot shortage, he must establish how his proposed endeavor would impact the shortage and related 
issues on a meaningful level nationally. 
On appeal, the Petitioner reemphasizes his arguments concerning a national pilot shortage, including 
its impact on travel and the economy. He also submits new evidence in the form of a congressional 
3 
bill raising the pilot retirement age, articles discussing pilot shortages, and U.S. senate committee 
testimony about the impact of low-skilled and illegal immigration on taxpayers. While this material 
provides information about general airline and economic issues, it does not speak to whether the 
Petitioner's particular endeavor is of national importance. The Petitioner reasserts the national 
importance of the pilot shortage issue. However, he does not explain how his intention to fill a single 
position in a field of high demand would alleviate an asserted national shortage of pilots. The 
importance of a nationwide issue does not confer national importance on the Petitioner's proposed 
endeavor to work as a pilot. Again, in determining national importance within the Dhanasar 
framework, the relevant question is not the importance of the field, industry, or profession in which 
the individual will work, but the specific endeavor that the individual will undertake. Id. at 889. 
The Petitioner has not demonstrated that his proposed endeavor would serve to impact the industry or 
field more broadly, rising to the level of having national importance. It is not clear how the Petitioners' 
employment as a pilot in the United States would have a positive economic impact at the level of 
"substantial economic effects" contemplated by Dhanasar. Id. at 890. While the Petitioner bases the 
argument for the national importance on an asserted shortage of qualified pilots, we observe that 
shortages in a field do not demonstrate that the Petitioner's endeavor stands to have an impact on the 
broader field or otherwise have implications rising to the level of national importance. Further, 
although the Petitioner initially stated that he would train future pilots, the record does not sufficiently 
demonstrate that his individual training efforts would have the national impact contemplated by 
Dhanasar. In Dhanasar we determined that the petitioner's teaching activities did not rise to the level 
of having national importance because they would not impact his field more broadly. Id. at 893 
The record does not establish that the Petitioner's proposed endeavor is one of national importance as 
required by the first prong of the Dhanasar precedent decision. Therefore, the Petitioner has not 
demonstrated eligibility for a national interest waiver. Because the identified reasons for dismissal are 
dispositive of the Petitioner's appeal, we decline to reach and hereby reserve remaining arguments 
concerning eligibility under the Dhanasar framework. See INS v. Bagamasbad, 429 U.S. 24, 25 
(1976) (stating that agencies are not required to make "purely advisory findings" on issues that are 
unnecessary to the ultimate decision); see also Matter of L-A-C-, 26 I&N Dec. 516, 526 n.7 (BIA 
2015) ( declining to reach alternative issues on appeal where an applicant is otherwise ineligible). 
III. CONCLUSION 
The Petitioner has not met the requisite first prong of the Dhanasar analytical framework. We 
conclude that the Petitioner has not established that he is eligible for or otherwise merits a national 
interest waiver. The petition will remain denied. 
ORDER: The appeal is dismissed. 
4