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dismissed EB-2 (NIW) RFE Issued

Airplane Pilot

Aviation Industry · Venezuela · 2024-10-25

Decision Date
2024-10-25
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'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.

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 establish its national importance, as his specific work was not shown to have broader implications or impact at a national level beyond the general importance of the aviation industry, and his proposed endeavor lacked specificity.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of his specific proposed endeavor, which is a requirement under the first Dhanasar prong. USCIS found that while the aviation industry itself has importance, the petitioner did not demonstrate how his individual work as a pilot would have broader implications or impact the national population at a level consistent with national importance, nor how his training efforts would sufficiently affect the pilot shortage. The petitioner also inconsistently described his proposed endeavor as either a 'commercial pilot' or an 'airline pilot', which further impaired the specificity required for evaluation.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested clarification on how one pilot would address a national shortage or create substantial economic impacts. In response, the petitioner reiterated arguments about labor shortages and the overall importance of the U.S. aviation industry, asserting his work would have ripple effects and that he would use his expertise to expand airlines and offer training.

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

Evidence

Evidence Types
Media Coverage
Reference Letters Independent

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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: 2024-10-25.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

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

Related Pages

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

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