dismissed EB-2 (NIW) RFE Issued

Aircraft Maintenance Specialist

Aviation Or Aircraft Maintenance · Colombia · 2024-07-08

Decision Date
2024-07-08
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 aircraft maintenance specialist, proposed to work in the United States in the field of aviation and aircraft maintenance. The endeavor involved maintaining and repairing avionics electronics systems, including instruments and computers that control engine, flight, navigation, and radio communications functions.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner met only one of the three required criteria for exceptional ability (license to practice). He failed to show his Systems Technician degree related to aviation, his salary evidence lacked contemporary comparative data for 2019-2020, and his recommendation letters from peers did not document significant contributions to the industry as a whole.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE targeted the Petitioner's qualification for EB-2 status and the three Dhanasar prongs. The Petitioner submitted additional pay stubs and an expert opinion letter, but these did not satisfy the regulatory requirements.

RFE Targets
eb2 qualificationprong 1prong 2prong 3

Evidence

Evidence Types
Reference Letters Dependent
High Salary

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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: 2024-07-08.

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At a Glance

Outcome dismissed
RFE Issued
Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,816
Success Rate 53.6%
Sustained 2,046
Dismissed 1,674

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