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dismissed EB-2 (NIW) RFE Issued

Commercial Pilot And Flight Instructor

Aviation Field · 2024-10-31

Decision Date
2024-10-31
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 work as a commercial pilot and flight instructor in the United States, applying his expertise to fill pilot positions and train new professionals in the U.S. aviation industry. This endeavor aims to alleviate the critical pilot shortage and its broader economic implications.

Framework Evaluation

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

The petitioner failed to clearly define the proposed endeavor and did not substantiate how his individual work would address a national pilot shortage or have substantial positive economic impacts, distinguishing the importance of the field from the specific endeavor.

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. The proposed endeavor was not clearly defined, and the petitioner did not provide sufficient evidence to demonstrate how his individual work as a pilot or flight instructor would significantly impact the national pilot shortage or the U.S. economy, distinguishing the importance of the aviation field from the specific endeavor.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further information and evidence regarding the petitioner's proposed endeavor. The petitioner responded with an updated professional plan, statements on his experience, and industry articles, but these were deemed insufficient to clarify the specific endeavor's national importance or how it would operate on a scale to rise to national importance.

RFE Targets
The proposed endeavor has both substantial merit and national importance

Evidence

Evidence Types
Reference Letters Dependent
Reference Letters Independent

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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: 2024-10-31.

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At a Glance

Outcome dismissed
RFE Issued
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

Related Pages

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

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