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dismissed EB-2 (NIW) RFE Issued

Airline Pilot

Aviation Industry · 2025-02-18

Decision Date
2025-02-18
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 an airline pilot, specifically as either an airline transport pilot first officer or a Pilatus PC12 captain. In addition to pilot flying duties, he intends to be a mentor and instructor for flight safety and pilot trainings, and to collaborate with aviation industry professionals to advance aviation technology and safety, exchange knowledge, and conduct research projects.

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 demonstrate the national importance of his proposed endeavor, as his work was not shown to impact the aviation field more broadly beyond his employer.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of his proposed endeavor under Dhanasar's first prong. USCIS determined that his work as a pilot and instructor for an aviation business would primarily benefit his prospective employer and its clients, rather than having a broader impact on the aviation field or the U.S. economy. The submitted evidence, including recommendation letters and industry articles, did not sufficiently demonstrate a direct evidentiary tie between his specific work and the claimed national importance. New opinion letters submitted on appeal were not considered.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director issued a Request for Evidence (RFE) to which the Petitioner responded. The RFE likely sought further evidence to establish the national importance of the proposed endeavor, as the Director's subsequent decision affirmed the original denial. New opinion letters were submitted with the appeal, which were not considered as they were not presented to the Director after the RFE response.

RFE Targets
The proposed endeavor has both substantial merit and national importance

Evidence

Evidence Types
Reference Letters Dependent
Government Alignment
Reference Letters Independent
Judging Experience

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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: 2025-02-18.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 4

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,895
Success Rate 54.2%
Sustained 2,112
Dismissed 1,687

Related Pages

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

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