dismissed EB-2 (NIW) RFE Issued
Pilot
Aviation · Colombia · 2024-08-26
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, a pilot, proposed to work in the United States as a test/technical pilot and ground instructor, utilizing specialized training such as the Airbus A320 Family Technical Flight Familiarisation course to perform technical flight operations.
Why This Petition Was Denied
The appeal was dismissed because the Petitioner did not establish exceptional ability; specifically, he failed to show his expertise was significantly above that ordinarily encountered among test/technical pilots. Although he met criteria for academic records and experience, his professional memberships and licenses were found not to meet the regulatory definition of a 'profession,' and his expert letters lacked specific details comparing his skills to the field average.
Evidence
Evidence Types
Reference Letters Dependent
Professional Memberships
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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: 2024-08-26.
Browse all casesAt a Glance
Outcome dismissed
RFE Issued
Evidence Types 2
EB-2 (NIW) Case Data
Scraped Case Data
Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671
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