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dismissed EB-2 (NIW) RFE Issued

Airline Pilot And Flight Instructor

Aviation Industry · 2024-06-12

Decision Date
2024-06-12
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 an airline pilot for U.S. companies to meet market demand and serve as a senior-level flight instructor to train the next generation of pilots. The work aims to facilitate commerce, support economic growth, and contribute to humanitarian aid and national security.

Framework Evaluation

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

The endeavor has substantial merit but lacks national importance as it does not have broader implications for the field beyond the Petitioner's individual employment.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to meet Prong 1 of the Dhanasar framework; specifically, he did not show his work would have 'national importance' beyond his specific employer. While he cited a national shortage of 29,000 pilots and his experience with the UN and U.S. Army, the USCIS found that filling a single position does not impact the industry more broadly.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to establish EB-2 qualification and merit for a national interest waiver. The Petitioner responded with industry trends and growth projections.

RFE Targets
Substantial Merit and National Importanceprong 2prong 3

Evidence

Evidence Types
Reference Letters Dependent
Government Alignment

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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: 2024-06-12.

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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 3,816
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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