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dismissed EB-2 (NIW) RFE Issued

Aviation Engineer And Flight Instructor

Aviation Engineer And Flight Instructor · 2024-08-05

Decision Date
2024-08-05
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 initially proposed creating a new flight course for flight instructors with a new syllabus based on his flight instructor experience. Later, in response to an RFE, he introduced a plan to found his own flight school.

Framework Evaluation

0 of 3 criteria met
1 Proposed endeavor has substantial merit and national importance Not Met

The petitioner did not establish the national importance of his proposed endeavor, particularly as the scope of the endeavor changed materially after filing.

Why This Petition Was Denied

The motions to reopen and reconsider were dismissed because the petitioner did not present new facts or evidence for the motion to reopen, nor did he establish an incorrect application of law or policy for the motion to reconsider. The AAO reiterated that eligibility must be established at the time of filing, and the petitioner's RFE response introduced a material change (founding a flight school) to his proposed endeavor, which constituted new facts that could not be used to establish eligibility post-filing, specifically impacting the first Dhanasar prong.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested information regarding the petitioner's proposed endeavor. In response, the petitioner presented a new plan to open a flight school, which was considered a material change to the original petition and could not be used to establish eligibility.

RFE Targets
Proposed endeavor has substantial merit and national importance

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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: 2024-08-05.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 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 All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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