dismissed EB-2 (NIW)

Aircraft Maintenance Technician

Aviation Industry · Brazil · 2024-07-25

Decision Date
2024-07-25
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 seeks to work as an aircraft maintenance technician in the United States. The endeavor involves performing maintenance and technical operations within the aviation industry to ensure aircraft safety and functionality.

Why This Petition Was Denied

The appeal was dismissed because the petitioner met only two of the six criteria for exceptional ability (certificates and license). He failed the 'professional association' criterion as his licenses did not require a bachelor's degree, the 'experience' criterion because his prior roles were not in the specific occupation, and the 'recognition' criterion because his letters only praised general skills rather than industry-wide contributions.

Evidence

Evidence Types
Awards
Reference Letters Dependent

Similar Cases

USCIS EB-2 (NIW) dismissed
2025-01-10
The petitioner proposes to continue his work as an aircraft maintenance technician, focusing on improving operational and safety standards within the aviation field.

Aircraft Mechanic

Aerospace · Venezuela

USCIS EB-2 (NIW) rfe dismissed
Venezuela 2023-07-20
The Petitioner proposed to work as an aircraft maintenance technician, focusing on maintenance functions including removal and installation of aircraft components and non-destructive testing (NDT) on aircraft structures and engines. He intended to operate a commercial office for his Venezuelan company to serve airlines and FAA repair stations in the United States.
USCIS EB-2 (NIW) dismissed
2024-12-10
The motion to reconsider was dismissed because the Petitioner failed to establish that the prior decision was based on an incorrect application of law or policy. The Petitioner only satisfied two of the six initial evidentiary criteria for exceptional ability, specifically failing to demonstrate ten years of full-time experience in the occupation (as prior experience as a transportation manager and operation technician was not considered 'in the occupation'), membership in professional associations (as defined by regulation, not online dictionaries), and significant contributions to the industry. The arguments presented were re-evaluations of previously considered claims without new evidence or legal basis.
USCIS EB-2 (NIW) rfe dismissed
2025-03-25
The petitioner proposes to continue working as an aircraft maintenance and assembly technician within the aircraft maintenance industry.

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

Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-07-25.

Browse all cases

At a Glance

Outcome dismissed
Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

Get Case Insights

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

Join Waitlist