Relied on a labor shortage

What this objection usually means

A shortage in an occupation does not show that one person's endeavor has national importance, and it does not satisfy the third prong either. Shortages are what the labor certification process is designed to address.

What has tended to answer it

Drop shortage as a main argument. Focus on what the specific endeavor will achieve and why this person is positioned to achieve it.

General patterns drawn from past decisions, not legal advice for your case. Ask a licensed immigration attorney how this applies to you.

The rule

“Proposing to work in an occupation with a national shortage or serve in a consulting capacity for others seeking to work in an occupation with a national shortage alone, is also insufficient.”

USCIS Policy Manual, Vol. 6, Pt. F, Ch. 5(D)(3) (first prong)

Quoted from the USCIS Policy Manual current as of Sept 23, 2026. Check the online manual before filing.

Where it sank the appeal

Recent dismissed appeals raising this objection

• Dismissed2026-08-12Aviation & transport

  However, the Petitioner has not provided evidence to demonstrate or otherwise explained how his role as an individual trainer or instructor would address purported national shortages of workers.

  Read decision AUG122026_01B5203
• Dismissed2026-07-28Clinical & health

  But the Petitioner has not provided evidence to demonstrate that his proposed endeavor will create jobs in numbers that would meaningfully reduce any national shortages.

  Read decision JUL282026_04B5203
• Dismissed2026-07-08Public service & social

  The record, however, does not contain documentation explaining how her student mentorship will have an impact to the degree that it would affect any national shortages.

  Read decision JUL082026_01B5203
• Dismissed2026-07-08Business & finance

  However, occupational shortages do not render a proposed endeavor nationally important under the Dhanasar framework. 3 In fact, such shortages are directly addressed by the U.S.

  Read decision JUL082026_06B5203
• Dismissed2026-07-08Trades & services

  On appeal, the Petitioner asserts that her endeavor will address "a critical industry shortage for specialized, bilingual paramedical care," but she has not shown how her proposed endeavor will sufficiently extend beyond the individuals she trains to affect the region or the nation.

  Read decision JUL082026_09B5203
• Dismissed2026-07-01Aviation & transport

  Furthermore, while his plan offers revenue projections of $460,262 in year one, $695,247 in year two, $769,425 in year three, $1,005,702 in year four, and $1,096,250 in year five, these projections are not supported by details showing their basis or an explanation of how they will be achieved. 3 The Petitioner also submitted information on the importance of aviation safety, addressing the pilot shortage, enhancing operational efficiency within aviation organizations, fostering a safety culture, strategic partnership collaborations, knowledge transfer and preparedness, international collaborati…

  Read decision JUL012026_03B5203

Where the petitioner still won or got a remand

Sustained or remanded decisions where this issue was discussed: read them to see what answered it

• Remanded2026-05-07Business & finance

  SCOPS stated that the Petitioner discusses "occupational shortages" in the context of the third Dhanasar prong, although this is not mentioned in the Petitioner's personal statement, nor the cover letter or RFE response letter.

  Read decision MAY072026_02B5203
• Remanded2025-12-17Biomedical & life sciences

  K-S-S- claimed that the Petitioner's research promotes food security and stability within the United States and addresses food shortages and disruptions in supply chains, but he did not elaborate specifically on how the Petitioner's specific findings have had such an effect.

  Read decision DEC172025_02B5203
• Remanded2025-03-19Business & finance

  Here, the Petitioner's focus when asserting national importance was on the general value ofthe Beneficiary's asserted field and a shortage ofworkers therein, but it did not sufficiently demonstrate that his specific employment would likely have a broad impact at a national level leading to breakthrough technologies in the digital entertainment industry or cloud infrastructure, as claimed.

  Read decision MAR192025_04B5203
• Remanded2024-09-13Biomedical & life sciences

  The Director also stated that the Petitioner submitted "numerous articles on the shortage of the specialized research" and that the "articles and reports evidence the shortage of specialized researchers" but that this is insufficient to demonstrate the endeavor's national importance because the labor certification process is intended to address shortages of qualified workers in a field.

  Read decision SEP132024_01B5203
• Remanded2024-01-29Education

  However, the labor certification process itself is intended to address labor shortages and her proposed endeavor does not appear to alleviate the shortage of teachers to a degree that would be considered of national or global impact.

  Read decision JAN292024_06B5203
• Remanded2023-05-10Aviation & transport

  The Director concluded that any benefit to the United States offered by the Petitioner's skills and abilities as a commercial pilot were not sufficient to outweigh the national interest in the protection of the domestic labor force inherent in the labor certification process. 4 However, he did not address the Petitioner's arguments relating to the urgency created by a shortage of qualified pilots in the United States.

  Read decision MAY102023_04B5203