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dismissed EB-2 (NIW) RFE Issued

Aircraft Mechanic

Aircraft Mechanic · 2023-07-11

Decision Date
2023-07-11
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 seeks to work as an aircraft mechanic in the United States. The endeavor involves utilizing his certifications and licenses to work on multiple aircraft models, drawing on years of experience in the field.

Framework Evaluation

1 of 3 criteria met
1 Well-positioned to Advance the Endeavor Met

The Director concluded the Petitioner was well positioned to advance his proposed endeavor.

2 Substantial Merit and National Importance Partially Met

The endeavor was found to have substantial merit but lacked evidence of national importance.

3 On Balance, Beneficial to Waive Job Offer Not Met

The Petitioner did not establish that waiving the labor certification requirement would benefit the United States.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish EB-2 eligibility as an individual of exceptional ability; specifically, he did not show expertise significantly above that ordinarily encountered in the field. Furthermore, the Petitioner did not satisfy the national importance requirement of the first Dhanasar prong or the third prong regarding the national interest of a waiver.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE addressed the requirement to show exceptional ability beyond just meeting the three-criterion threshold. The Petitioner responded by focusing on the number of criteria met rather than the final merits determination.

RFE Targets
eb2 qualification

Evidence

Evidence Types
Original Contributions

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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: 2023-07-11.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 1 / 3
Evidence Types 1

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,895
Success Rate 54.2%
Sustained 2,112
Dismissed 1,687

Related Pages

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

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