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dismissed EB-2 (NIW)

Commercial Pilot And Flight Instructor

Aviation Industry · Mexico · 2024-08-14

Decision Date
2024-08-14
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 to work as a commercial airline pilot in the United States and also plans to work as a flight instructor for an aviation training center. The endeavor aims to address the demand for pilots and provide high-quality training to future pilots.

Framework Evaluation

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

USCIS found that while the proposed work as a commercial pilot and flight instructor may have substantial merit, it does not establish national importance as it lacks significant potential to employ U.S. workers, broadly impact the aviation field beyond his occupations, or have broader economic or societal implications.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish eligibility for EB-2 classification as an advanced degree professional, as his 3-year military pilot degree from Mexico was not shown to be equivalent to a U.S. bachelor's degree, and his master's diploma from Honduras lacked an independent evaluation or official academic record. Furthermore, the petitioner did not satisfy Dhanasar's first prong, as his proposed endeavor as a pilot and flight instructor was not demonstrated to have national importance beyond his direct employers and customers, lacking evidence of broader impact on the aviation industry or U.S. economy.

Evidence

Evidence Types
Reference Letters Dependent
Academic Records
Professional Plan
Resume
Industry Reports

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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: 2024-08-14.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 5

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

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