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dismissed EB-2 (NIW)

Pilot

Aviation Safety And Survival Training · 2025-02-21

Decision Date
2025-02-21
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 undertake work related to aviation safety and survival training. The endeavor focuses on providing critical elements of public welfare and national infrastructure through this training.

Framework Evaluation

1 of 3 criteria met
1 Petitioner is well-positioned to advance the endeavor Met

The Director determined the Petitioner demonstrated he is well-positioned to advance the proposed endeavor.

2 Proposed endeavor has substantial merit and national importance Not Met

The Director and AAO found that while the proposed endeavor has substantial merit, the petitioner did not demonstrate that its prospective impact rises to the level of national importance.

3 On balance, it would benefit the US to waive the job offer and labor certification requirements Not Met

The Director concluded the Petitioner did not establish that, on balance, waiving the job offer requirement would benefit the United States.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of his proposed endeavor under Dhanasar's first prong. While the Director found substantial merit and that the petitioner was well-positioned (prong 2), the AAO affirmed that the work's impact did not sufficiently extend beyond clientele and students to impact the industry or field more broadly, nor did it demonstrate significant potential for U.S. job creation or substantial positive economic effects. Therefore, eligibility for a national interest waiver was not demonstrated.

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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: 2025-02-21.

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At a Glance

Outcome dismissed
Criteria Met 1 / 3

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 All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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