dismissed EB-2 (NIW) RFE Issued

Commercial Pilot And Flight Instructor

Aviation Industry / Flight Instruction · 2024-07-15

Decision Date
2024-07-15
Location
Florida
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 at the Florida branch of I-A-S-LLC, teaching high-level flight instruction courses. He intends to provide specialized expertise in inclement weather and dangerous condition training to approximately 80 pilots per year.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Partially Met

The endeavor has substantial merit due to the importance of pilot training, but lacks national importance as its impact is localized to one school.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to satisfy the first Dhanasar prong regarding national importance. Although the work has substantial merit, the record did not show that training 80 pilots per year at a specific school would have broader implications for the aviation field or generate substantial positive economic effects.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence of the endeavor's impact; the petitioner provided expert letters and a National Impact Study to argue the importance of alleviating the pilot shortage.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Media Coverage
Reference Letters Dependent
Government Alignment

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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: 2024-07-15.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
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

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