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dismissed EB-2 (NIW) RFE Issued

Aircraft Maintenance Technician

Aircraft Maintenance · Venezuela · 2023-07-20

Decision Date
2023-07-20
Location
Venezuela
This case is from a USCIS Administrative Appeals Office (AAO) appeal decision. Appeal cases represent a subset of petitions and may not reflect typical outcomes.

Proposed Endeavor

The Petitioner proposed to work as an aircraft maintenance technician, focusing on maintenance functions including removal and installation of aircraft components and non-destructive testing (NDT) on aircraft structures and engines. He intended to operate a commercial office for his Venezuelan company to serve airlines and FAA repair stations in the United States.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to meet the threshold for EB-2 exceptional ability classification. While he met criteria for academic records and professional certification, he failed to prove 10 years of full-time experience due to material inconsistencies regarding his physical presence in the U.S. while claiming to work full-time in Venezuela. The AAO did not reach the Dhanasar analysis because the underlying classification was not established.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE sought to establish that the petitioner met at least three criteria for exceptional ability. The petitioner provided a new verification letter claiming 14 years of experience, but this was rejected due to inconsistencies with his U.S. arrival date.

RFE Targets
eb2 qualification

Evidence

Evidence Types
Reference Letters Dependent

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Frequently Asked Questions

A dismissed EB-2 NIW petition means USCIS found the evidence insufficient to meet the eligibility criteria. Common reasons include weak documentation, failure to meet the required number of criteria, or insufficient evidence of the claimed qualifications. Petitioners can refile with stronger evidence or explore alternative visa categories.

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2023-07-20.

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At a Glance

Outcome dismissed
RFE Issued
Evidence Types 1

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

Related Pages

EB-2 (NIW) Overview EB-2 (NIW) in Venezuela All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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