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dismissed EB-2 (NIW) RFE Issued

Commercial Pilot

Aviation Field · Venezuela · 2024-05-30

Decision Date
2024-05-30
Location
outside the United States
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 in the aviation field as a commercial pilot to help fill pilot positions in the U.S. and train other professionals entering the field. The work focuses on leveraging his expertise as an airplane captain with over 3,000 flight hours.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner met only two of the required three criteria for exceptional ability: academic record (flight academy certificates) and license (FAA transport pilot license). He failed the salary criterion due to inconsistent evidence of earnings compared to the median wage, the membership criterion because the association did not require a baccalaureate degree, and the significant contributions criterion as his FAA achievements did not constitute a major impact on the field.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director issued an RFE regarding the Petitioner's eligibility as a noncitizen of exceptional ability. The Petitioner responded with flight academy certificates, salary invoices, bank statements, and recommendation letters, but the evidence was ultimately found insufficient to meet three criteria.

RFE Targets
eb2 qualification

Evidence

Evidence Types
Awards
Reference Letters Dependent
High Salary

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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: 2024-05-30.

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At a Glance

Outcome dismissed
RFE Issued
Evidence Types 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 EB-2 (NIW) in Venezuela All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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