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dismissed EB-2 (NIW)

Airline Pilot

Aviation Industry · 2023-11-17

Decision Date
2023-11-17
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 seek employment as a pilot with a U.S. airline company to help prevent service disruptions and address the nationwide shortage of skilled pilots. He also indicated potential work as a flight instructor to train future pilots.

Framework Evaluation

1 of 3 criteria met
1 Well-positioned to Advance the Endeavor Met

The petitioner's qualifications and extensive experience as a pilot satisfy this prong.

2 Substantial Merit and National Importance Partially Met

The endeavor has substantial merit but lacks national importance as it does not have broader implications for the field.

3 On Balance, Beneficial to Waive Job Offer Not Met

The petitioner did not demonstrate that the benefits of waiving the labor certification outweigh the requirement.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of his endeavor under the first Dhanasar prong. Specifically, he did not show how his individual work as a single pilot would alleviate a national labor shortage or trigger substantial positive economic effects.

Evidence

Evidence Types
Media Coverage
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: 2023-11-17.

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At a Glance

Outcome dismissed
Criteria Met 1 / 3
Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,895
Success Rate 54.2%
Sustained 2,112
Dismissed 1,687

Related Pages

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

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