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dismissed EB-2 (NIW)

Airline Pilot

Aviation Industry · 2025-02-27

Decision Date
2025-02-27
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 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.

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 the petitioner failed to demonstrate national importance through significant economic effects, job creation, or broader implications beyond his direct work.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish that his proposed endeavor had national importance, which is the first prong of the Dhanasar framework. While the endeavor had substantial merit, the projected revenue of $10,098,042 (first year) to $11,881,309 (fifth year) and taxes of $757,353 (first year) to $891,098 (fifth year) were not demonstrated to be significantly high for the airline industry. Similarly, the projected job creation of 1,092 to 1,428 jobs was not shown to be directly attributable to the petitioner, and cargo transport of 17,000 to 25,000 tons was not proven to have a national economic impact. Expert letters also failed to articulate how the petitioner's work would broadly impact the field beyond his direct clients and trainees.

Evidence

Evidence Types
Reference Letters Dependent
Original Contributions
Commercial Success
Government Alignment

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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: 2025-02-27.

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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

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