dismissed EB-2 (NIW)
Airline Pilot
Airline Pilot · 2024-11-01
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.
Why This Petition Was Denied
The appeal was dismissed because the Petitioner failed to establish eligibility for the underlying EB-2 classification as an individual of exceptional ability. While the Director found the Petitioner met four initial criteria (academic record, ten years of experience, professional association membership, and recognition for achievements), the AAO concluded that the totality of evidence did not demonstrate a degree of expertise significantly above that ordinarily encountered in the field. Specific issues included insufficient explanation of how flight hours or aircraft certifications demonstrated exceptional ability, lack of corroborating documentation for leadership roles in the Ethiopian Airline Pilot Association (ALP-ETH), and a single paystub being insufficient to establish an exceptional salary.
Evidence
Evidence Types
Awards
Reference Letters Dependent
Professional Memberships
High Salary
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.
Browse More Cases
Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-11-01.
Browse all casesAt a Glance
Outcome dismissed
Evidence Types 5
EB-2 (NIW) Case Data
Scraped Case Data
Total Cases 3,895
Success Rate 54.2%
Sustained 2,112
Dismissed 1,687
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