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dismissed EB-2 (NIW) RFE Issued

Commercial Pilot

Aviation Industry · 2024-06-17

Decision Date
2024-06-17
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 operate a firm, I-A-C-, providing aircraft management services, pilot outsourcing for single/multi-engine and jet aircraft, aircraft detailing, and consulting. He also intends to pursue positions as a commercial pilot to address the national pilot shortage and train others in the field.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Not Met

The endeavor was found to have substantial merit but lacked evidence of national importance or broader industry impact.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of his endeavor (Prong 1). USCIS noted material inconsistencies between his Form I-140 (listing 'Commercial Pilot') and his business plan (listing 'CEO'), and found that his plan to create 31 jobs did not constitute a substantial positive economic effect.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director issued a NOID questioning the national importance of the endeavor; the petitioner responded with a business plan that introduced role inconsistencies.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Media Coverage
Original Contributions

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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: 2024-06-17.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 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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