Originally Posted by
awair
They have to follow US law, and be convinced that your application 'ticks the boxes'.
Your lawyer should make sure that little is left to discretion.
Unfortunately, this is not a box checking exercise and it's not as black and white as we would like it to be. Even with all the boxes checked, there's still a discretionary component based on the totality of the circumstances. There have been a substantial amount of RFE's and denials coming down in the last few months. In addition to attacking the exceptional abilities of pilots, there are also plenty of denials attacking the proposed endeavors and national importance of it.
I speculate that there is lobbying behind closed doors trying to minimize the EB2 NIW for pilots.
Good luck to all!