dismissed EB-2 (NIW)

Aviation Maintenance Specialist

Aviation Maintenance · Colombia · 2024-09-10

Decision Date
2024-09-10
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, an aviation maintenance specialist and former military instructor, sought to continue his work in the United States within the field of aeronautical maintenance and safety.

Why This Petition Was Denied

The Petitioner met only two of the required three criteria for exceptional ability (degree and experience). He failed the salary criterion because his 2021 tax data was compared to 2023 wage surveys and his employment during that period was unverified. He failed the significant contributions criterion because his awards and letters demonstrated excellence within his specific military unit/employer rather than the industry at large.

Evidence

Evidence Types
Awards
Reference Letters Dependent
High Salary

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Pilot

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The motion to reconsider was dismissed because the Petitioner failed to establish that the prior decision was based on an incorrect application of law or policy. The Petitioner only satisfied two of the six initial evidentiary criteria for exceptional ability, specifically failing to demonstrate ten years of full-time experience in the occupation (as prior experience as a transportation manager and operation technician was not considered 'in the occupation'), membership in professional associations (as defined by regulation, not online dictionaries), and significant contributions to the industry. The arguments presented were re-evaluations of previously considered claims without new evidence or legal basis.

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: 2024-09-10.

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At a Glance

Outcome dismissed
Evidence Types 3

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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