dismissed EB-2 (NIW) RFE Issued

Airport Operations Specialist

Airport Operations / Civil Aviation · Brazil · 2024-04-10

Decision Date
2024-04-10
Location
Brazil
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 work in the field of airport maintenance and airport operations management in the United States. The work focuses on the effective management of airport infrastructure and civil aviation activities to ensure operational efficiency.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to satisfy at least three of the six criteria for exceptional ability; specifically, he failed to provide evidence of professional licensing required for his occupation, compensation demonstrating exceptional ability, membership in professional associations, or recognition for significant contributions. While he met the criteria for academic records and 10 years of experience, inconsistencies in his job titles and lack of evidence for industry-wide recognition led to the denial.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE targeted the petitioner's qualification as an individual of exceptional ability. The petitioner responded with evaluation reports and a claim that his pilot's license constituted a professional membership, which was rejected.

RFE Targets
eb2 qualification

Evidence

Evidence Types
Reference Letters Dependent
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: 2024-04-10.

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At a Glance

Outcome dismissed
RFE Issued
Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,816
Success Rate 53.6%
Sustained 2,046
Dismissed 1,674

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