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dismissed EB-2 (NIW) RFE Issued

Pilot

Aviation · Brazil · 2022-10-18

Decision Date
2022-10-18
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 intends to work as a pilot for U.S. airlines to address the pilot shortage, serve as a flight instructor at flight schools to train new pilots, and monitor aircraft systems to improve flight efficiency. The endeavor also aims to generate tax revenue through professional employment.

Framework Evaluation

1 of 3 criteria met
1 Substantial Merit and National Importance Partially Met

The endeavor was found to have substantial merit, but the petitioner did not demonstrate that his specific work would have impacts reaching the level of national importance.

2 Well-positioned to Advance the Endeavor Not Met

The petitioner did not establish he was well-positioned, as the record lacked sufficient evidence of his influence or specific contributions to the field.

3 Waiver of Job Offer and Labor Certification Not Met

The petitioner did not demonstrate that, on balance, it would be beneficial to the U.S. to waive the labor certification requirement.

Why This Petition Was Denied

The appeal was dismissed because the petitioner did not provide official academic transcripts to prove an advanced degree and could not show five years of post-baccalaureate experience at the time of filing. Although he met three exceptional ability criteria (degree, license, and membership), he failed the final merits determination as these were considered standard for the profession. Additionally, he did not satisfy the Dhanasar prongs regarding national importance and being well-positioned.

Request for Evidence (RFE)

Unsuccessfully Addressed

The USCIS issued a NOID regarding the petitioner's EB-2 eligibility and the three Dhanasar prongs. The petitioner submitted additional letters and association info, but failed to resolve academic inconsistencies or provide detailed job descriptions.

RFE Targets
eb2 qualificationSubstantial Merit and National ImportanceWell-positioned to Advance the EndeavorWaiver of Job Offer and Labor Certification

Evidence

Evidence Types
Professional Memberships
Conference Presentations
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: 2022-10-18.

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At a Glance

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

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

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