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dismissed EB-2 (NIW) RFE Issued

Pilot, Flight Instructor, Or Aviation Safety Specialist

Aviation · Brazil · 2024-04-12

Decision Date
2024-04-12
Location
United States
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 continue his career in the United States as a pilot, flight instructor, and aviation safety specialist. He intends to work for an airline company and eventually serve as an assistant professor and researcher in a university setting while pursuing a doctoral degree.

Framework Evaluation

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

The Director found the petitioner well-positioned based on his experience and expertise.

2 Substantial Merit and National Importance Not Met

The endeavor has substantial merit but lacks evidence of national importance as it does not extend beyond the petitioner's employer.

3 Balance of Interests Not Met

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

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of his endeavor (Prong 1). While he is an experienced pilot with a background in the Brazilian Air Force and accident investigation, the evidence did not show his specific work would have broader implications for the field beyond his employer.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director issued an RFE regarding the national importance of the endeavor. The petitioner responded by detailing his current employment as a Senior Flight Operations Instructor.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Reference Letters Dependent
Reference Letters Independent

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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: 2024-04-12.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 1 / 3
Evidence Types 2

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

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