dismissed EB-2 (NIW) RFE Issued

Pilot And Aviation Administrator

Aviation Industry · 2023-12-04

Decision Date
2023-12-04
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 pilot and aviation administrator for a private company, intending to fly aircraft and join pilot associations to address the U.S. pilot shortage.

Framework Evaluation

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

The endeavor has substantial merit but lacks national importance as it does not impact the field more broadly.

Why This Petition Was Denied

The appeal was dismissed because the petitioner did not establish the national importance of his specific endeavor. While the aviation industry and the pilot shortage are significant, the petitioner failed to show that his specific work would have broader implications for the field or provide substantial economic effects beyond his immediate employer.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to demonstrate that the proposed endeavor has national importance.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Reference Letters Dependent
Expert Opinion Letters
Personal Statement

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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: 2023-12-04.

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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 3,816
Success Rate 53.6%
Sustained 2,046
Dismissed 1,674

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