dismissed EB-2 (NIW)

Pilot And Flight Instructor

Aviation · Brazil · 2024-07-09

Decision Date
2024-07-09
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 perform as a pilot and flight instructor, providing specialized services in flight command, operations, and instruction. He aims to introduce innovations in aviation through advanced flight planning to reduce carbon emissions and optimize efficiency, while also providing cargo operations for dangerous goods and medical supplies.

Framework Evaluation

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

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

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of his endeavor under the first Dhanasar prong. The record did not show that his work would impact the industry more broadly beyond his immediate clientele, and he failed to provide a sufficient basis for his claims regarding job creation and addressing pilot shortages.

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: 2024-07-09.

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At a Glance

Outcome dismissed
Criteria Met 0 / 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

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