Visalytics
Visalytics
dismissed EB-2 (NIW) RFE Issued

Commercial Pilot

Aviation Field · 2024-12-04

Decision Date
2024-12-04
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 working as a commercial pilot in the United States to help fill available pilot positions. He also intends to offer his training expertise to companies, training centers, and flight schools within the U.S. market, specifically as a flying instructor to alleviate industry shortages.

Framework Evaluation

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

The Director found the proposed endeavor had substantial merit, but the AAO determined the petitioner failed to establish its national importance, as the economic benefits and impact on pilot shortages were not deemed significant enough.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of his proposed endeavor under the first prong of the Dhanasar framework. While the Director acknowledged substantial merit, the AAO found insufficient evidence that the economic benefits (job creation, high salary generating tax revenue) would reach 'substantial positive economic effects' or that his contribution would significantly reduce the national pilot shortage. The petitioner also did not identify specific federal policies or initiatives his work aligns with, beyond general industry importance.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director issued an RFE, and in response, the petitioner submitted an updated professional plan and statement. Despite the response, the Director found that the petitioner had not established the national importance of his endeavor, that he was well-positioned to advance it, or that a waiver would benefit the U.S.

RFE Targets
The proposed endeavor has both substantial merit and national importance.prong 2prong 3

Similar Cases

Pilot

Aerospace

USCIS EB-2 (NIW) rfe dismissed
2024-08-15
The petitioner proposes to continue using his expertise and knowledge in the field of aviation by working as a Pilot for airlines, charter operators, or private companies in the U.S. Alternatively, he is open to serving as a ground, flight, or crew instructor for reputable organizations, and aspires to become a Federal Aviation Administration Check Airman or Inspector.

Pilot

Transportation

USCIS EB-2 (NIW) rfe dismissed
United States 2024-04-24
The petitioner proposes to work as a commercial airline pilot and flight instructor, offering educational programs through his own company to partners such as aviation academies, colleges, and airlines. The work involves operating and training others on a wide array of aircraft to address the pilot shortage in the United States.

Pilot

Transportation

USCIS EB-2 (NIW) dismissed
2024-07-08
The petitioner proposes to work as a commercial airline pilot in the United States. He intends to address workforce shortages in the aviation sector and contribute to industry growth and safety through flight operations.

Pilot

Transportation

USCIS EB-2 (NIW) rfe dismissed
2024-06-07
The petitioner proposes to work as a commercial pilot in the United States, contributing to the aviation field by sharing expertise and knowledge. He intends to address pilot vacancies and provide training for others in the field to improve air safety operations.

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

More dismissed cases More Aerospace cases

Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-12-04.

Browse all cases

At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3

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

Get Case Insights

Compare your profile against thousands of real petition outcomes. Join the waitlist for personalized analysis.

Join Waitlist