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 commercial airline pilot and captain in the United States, utilizing his extensive technical skills and aviation knowledge. His endeavor includes addressing the shortage of experienced pilots, advising on aircraft acquisitions, maintenance, pilot selection, operational oversight, contributing to pilot training and education, and standardizing safety procedures.
Framework Evaluation
0 of 3 criteria met
1The proposed endeavor has both substantial merit and national importanceNot Met
USCIS agreed the endeavor had substantial merit (business) but found no national importance. The petitioner's plans lacked specificity on how one individual's work would nationally impact the large aviation industry or pilot shortage.
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. USCIS found the petitioner's statements and expert opinions to be generic and unsupported, lacking specific details on how his work as one pilot, instructor, or consultant would have a national-level impact on the aviation industry, which accounts for $193 billion in revenue and employs 454,000 people. The decision did not reach the second and third Dhanasar prongs.
Request for Evidence (RFE)
Unsuccessfully Addressed
The RFE sought clarification on the substantive nature of the proposed endeavor, specifically its national importance. The petitioner responded with a 'comprehensive professional plan' outlining contributions to addressing the pilot shortage and improving aviation safety and efficiency, but this was deemed insufficient.
RFE Targets
The proposed endeavor has both substantial merit and national importance
The petitioner's proposed endeavor is to advance his career as a commercial pilot in the United States by working as a captain, co-pilot, and instructor. He described his skills and certifications and stated he would pursue pilot positions within U.S. airline companies and other aviation organizations, focusing on cargo positions for regional, national, or cargo airlines in the United States. He also stated he could also work for the private industry as, for example, an emergency medical services pilot. He described the demand for trainers and how he would alleviate tremendous industry shortage by offering his training expertise. He described teaching basic flight skills, emergency procedures, aviation regulations, safety procedures, and communication skills. He stated he could also apply for training jobs in schools and airlines as an instructor, where he would provide a comprehensive education and training program to prepare pilots.
The petitioner proposes to continue using his expertise and knowledge in the field of aviation by working as a Pilot for airlines, charter operators, or private companies in the U.S. Alternatively, he is open to serving as a ground, flight, or crew instructor for reputable organizations, and aspires to become a Federal Aviation Administration Check Airman or Inspector.
The petitioner proposes to work as an airline pilot, specifically as a Line Captain and instructor, aiming to harmonize aviation's technical and administrative aspects by bridging the perspectives of flight crews and management. This involves a holistic approach to addressing industry challenges, focusing on comprehensive safety analysis, proactive risk management, pilot training, emergency preparedness, optimizing flight operations, and integrating advanced aviation technologies.
The petitioner proposes to work as a commercial airline pilot and flight instructor, offering educational programs through his own company to partners such as aviation academies, colleges, and airlines. The work involves operating and training others on a wide array of aircraft to address the pilot shortage in the United States.
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.
