Visalytics
Visalytics
dismissed EB-2 (NIW) RFE Issued

Pilot

Aviation Industry · 2025-01-03

Decision Date
2025-01-03
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 pilot and navigate fixed-wing aircraft on nonscheduled air carrier routes or helicopters, and also to work as a flight instructor to train other pilots. He intends to apply to major operators of the Boeing 737, including American Airlines, Delta, United, and Southwest.

Framework Evaluation

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

The proposed endeavor was found to have substantial merit, but lacked national importance as it did not demonstrate broader impact, new methodologies, or significant economic effects beyond addressing a general worker shortage.

2 The individual is well-positioned to advance their proposed endeavor Not Met

This prong was not analyzed by USCIS because the first prong was not met, rendering further analysis unnecessary.

3 On balance, waiving the job offer requirement would benefit the United States Not Met

This prong was not analyzed by USCIS because the first prong was not met, rendering further analysis unnecessary.

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 that while the endeavor had substantial merit, it did not sufficiently demonstrate broader impact beyond his future employer or individuals he would instruct, nor did it introduce new training processes or methodologies. The alleged pilot shortage was deemed insufficient to establish national importance, as such shortages are addressed through the labor certification process.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further information on the proposed endeavor, to which the petitioner responded by clarifying his intent to work as a flight instructor and train other pilots. This response was ultimately deemed insufficient to establish national importance.

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

Evidence

Evidence Types
Reference Letters Dependent

Similar Cases

Pilot

Aerospace · Venezuela

USCIS EB-2 (NIW) rfe dismissed
2024-10-25
The petitioner's proposed endeavor is to work as an aircraft pilot and also train others in the field. He indicated seeking employment as a commercial pilot and/or an airline pilot, with an intention to expand the reach and scope of various airlines in the United States and help alleviate the industry shortage through training.

Pilot

Aerospace · Brazil

USCIS EB-2 (NIW) rfe dismissed
Florida 2024-11-06
The petitioner intends to continue working as a pilot in the United States to help fill the alarming number of pilot positions and train others in the field. He plans to apply his extensive experience in operating various aircraft, simulator training, ground training, consulting, and Crew Resource Management (CRM) training.

Pilot

Transportation

USCIS EB-2 (NIW) rfe dismissed
United States 2024-04-24
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.

Pilot

Aerospace

USCIS EB-2 (NIW) dismissed
2024-12-05
The petitioner proposes to continue his role as an airline pilot and to train and mentor new pilots in the United States. This endeavor aims to address the shortage of qualified pilots and contribute to the aviation industry.

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.

Browse More Cases

More dismissed cases More Transportation cases

Case data sourced from publicly available petition decisions and case studies. Decision date: 2025-01-03.

Browse all cases

At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 1

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

Get Case Insights

Compare your profile against thousands of real petition outcomes. Join the waitlist for personalized analysis.

Join Waitlist