dismissed EB-2 (NIW) RFE Issued

Aircraft Mechanic

Aviation Industry · 2024-07-09

Decision Date
2024-07-09
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 aircraft mechanic repairing mechanical problems to help airlines maintain flight schedules and deliveries. He intends to use his maintenance experience to help small and medium-sized enterprises in the U.S. improve operations and productivity.

Framework Evaluation

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

The Director found the petitioner well-positioned based on his expertise and specializations in line maintenance.

2 Substantial Merit and National Importance Partially Met

The endeavor has substantial merit but lacks evidence of national importance or broader impact beyond the petitioner's immediate employer.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of his specific endeavor under the first Dhanasar prong. Although he provided an expert letter from an Associate Chair at an Aerospace Department and several reference letters, they focused on his personal skills (Prong 2) or the general importance of the aviation industry rather than the broader prospective impact of his specific work.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to establish the national importance of the proposed endeavor. The petitioner responded with a professional plan and expert letters, but failed to show broader implications.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Reference Letters Dependent
Reference Letters Independent

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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: 2024-07-09.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 1 / 3
Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

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