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dismissed EB-2 (NIW)

Airline Pilot, Flight Instructor

Aviation Industry ยท 2024-08-27

Decision Date
2024-08-27
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 teach and train pilots in the United States. This endeavor aims to contribute to the employment of U.S. workers and broadly enhance societal welfare by protecting the safety of U.S. citizens and tourists.

Framework Evaluation

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

The petitioner established substantial merit but failed to establish national importance, as the endeavor's impact was not shown to extend broadly enough to the field or national economy.

2 The individual is well-positioned to advance their proposed endeavor Not Met

The Director determined that the petitioner did not establish that he is well-positioned to advance his proposed endeavor.

3 On balance, it would benefit the United States to waive the job offer requirement Not Met

The Director determined that the petitioner did not establish that it would be beneficial to the United States to waive the job offer and labor certification requirements.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of his proposed endeavor under the first prong of the Dhanasar framework. Specifically, the evidence did not show how his work as a flight instructor would have broader implications for the air transportation industry or the U.S. economy at a national level, beyond his potential students or employers. The decision noted that while industry reports discussed a pilot shortage, the petitioner did not demonstrate his specific endeavor would significantly reduce this national labor shortage.

Evidence

Evidence Types
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: 2024-08-27.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 1

EB-2 (NIW) Case Data

Scraped Case Data

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

Related Pages

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

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