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dismissed EB-2 (NIW) RFE Issued

Aircraft Mechanic And Technician

Aircraft Manufacturing · 2024-09-30

Decision Date
2024-09-30
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 proposes to provide services in aircraft manufacturing, including interior inspection for executive jets, and offer consulting and training services to companies and individuals in the U.S. market. This endeavor aims to increase productivity and efficiency in aircraft manufacturing, consulting, and training activities, helping companies achieve certifications, maintain quality, and comply with regulations.

Framework Evaluation

0 of 3 criteria met
1 The proposed endeavor has both substantial merit and national importance Not Met

The Director acknowledged substantial merit but found the Petitioner did not establish national importance, as the evidence did not show his specific endeavor would broadly impact the field or have significant positive economic effects beyond his employer.

2 The individual is well-positioned to advance their proposed endeavor Not Met

The Director found the Petitioner not well-positioned, as his knowledge and performance were not shown to be above others in his field, and his current supervisory level did not support his stated goal of providing consulting and training services.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish the national importance of his specific proposed endeavor under Dhanasar's first prong, as his arguments focused on the general importance of the aviation industry rather than the broader impact of his individual work. For the second prong, the Petitioner was found not well-positioned to advance his endeavor, as his current supervisory level did not support his claim of providing consulting and training services, and his future goals were deemed speculative. The third Dhanasar prong was not addressed.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence to establish the national importance of the proposed endeavor and to demonstrate that the Petitioner was well-positioned to advance it. The Petitioner responded with a professional personal statement and an expert opinion letter, which were deemed insufficient.

RFE Targets
The proposed endeavor has both substantial merit and national importanceThe individual is well-positioned to advance their proposed endeavor

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: 2024-09-30.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
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 All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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