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dismissed EB-2 (NIW) RFE Issued

Flight Instructor

Aviation / Flight Training · 2024-05-31

Decision Date
2024-05-31
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 flight instructor in the United States, utilizing his unique credentials of holding flight instructor ratings from four different countries. He intends to train future pilots at a flight training institute to help address the national pilot shortage and attract international students.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Not Met

The endeavor of instructing students at a single flight school does not rise to the level of national importance or demonstrate broader implications for the aviation industry.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to satisfy the first prong of the Dhanasar framework. The AAO found that shortages in a field are not alone sufficient to demonstrate national importance and that his teaching activities at a single institution would not impact the field more broadly.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to support the Dhanasar prongs and EB-2 classification; the petitioner responded with details about his international flight instructor ratings and the pilot shortage.

RFE Targets
Substantial Merit and National Importanceprong 2prong 3

Evidence

Evidence Types
Reference Letters Dependent

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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: 2024-05-31.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 1

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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