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dismissed EB-2 (NIW)

Commercial Airline Pilot

Aviation Industry · 2025-02-26

Decision Date
2025-02-26
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 in the United States as a commercial airline pilot for the transportation of passengers and cargo, operating various aircrafts such as the Boeing 757, 767, 737-7, 800, 777, and 787. The endeavor aims to reduce the strain on the U.S. aviation industry caused by a pilot shortage.

Framework Evaluation

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

USCIS found the endeavor had substantial merit but lacked national importance, as the petitioner did not show his specific work would have broader implications or substantial economic effects beyond addressing a general labor shortage.

Why This Petition Was Denied

The appeal was dismissed primarily because the Form I-290B did not contain a valid handwritten signature, as required by regulations and USCIS policy, and was determined to be an electronically generated signature. Additionally, on the merits, the petitioner failed to establish the national importance of his proposed endeavor under the first prong of the Dhanasar framework. USCIS found that merely addressing a labor shortage or relying on the general importance of the aviation industry was insufficient to demonstrate national importance for his specific work, and no evidence of substantial positive economic effects or job creation directly attributable to his work was provided. The second and third Dhanasar prongs were not evaluated.

Evidence

Evidence Types
Reference Letters Dependent
Licenses
Flight Logs
Articles And Reports

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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: 2025-02-26.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 4

EB-2 (NIW) Case Data

Scraped Case Data

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

Related Pages

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