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dismissed EB-2 (NIW) RFE Issued

Airplane Pilot

Aviation Field · Brazil · 2024-11-06

Decision Date
2024-11-06
Location
Florida
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 continue working as a pilot in the United States to help fill the alarming number of pilot positions and train others in the field. He plans to apply his extensive experience in operating various aircraft, simulator training, ground training, consulting, and Crew Resource Management (CRM) training.

Framework Evaluation

0 of 3 criteria met
1 The proposed endeavor has both substantial merit and national importance. Not Met

USCIS agreed the proposed endeavor had substantial merit but found the petitioner did not establish its national importance, as his individual work or training efforts would not appreciably impact the nationwide pilot shortage, and a labor shortage alone is insufficient for NIW.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish eligibility as an individual of exceptional ability, as his credentials and experience were not shown to be significantly above industry standards. Furthermore, he did not establish the national importance of his proposed endeavor under Dhanasar Prong 1, as his individual contribution to filling pilot positions or training would not appreciably impact the nationwide shortage, and the RFE's concerns regarding the lack of independent letters and standard training were not adequately addressed.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested additional evidence to demonstrate the petitioner's expertise was significantly above the ordinary in the aviation industry, specifically asking for independent letters and clarification on training beyond industry standards. It also questioned how the petitioner's work would impact the broader field beyond addressing a labor shortage. The petitioner responded by reiterating his qualifications and the existence of a pilot shortage, but did not directly address the specific issues raised regarding the quality of evidence or the broader impact of his endeavor.

RFE Targets
eb2 qualificationThe proposed endeavor has both substantial merit and national importance.

Evidence

Evidence Types
Reference Letters Dependent
Professional Memberships
Awards
Media Coverage
Academic Degree
Experience
License
Certifications

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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: 2024-11-06.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 8

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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