dismissed EB-2 (NIW)

Pilot And Pilot Instructor

Aviation Sector · 2024-10-15

Decision Date
2024-10-15
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 continue work as a pilot and pilot instructor, specifically developing multi-crew operations (MCO) and multi-crew cooperation (MCC) courses. These programs aim to facilitate rapid and efficient training for low-experienced pilots, addressing a pilot shortage and improving training efficiency and operational safety.

Framework Evaluation

0 of 3 criteria met
1 Proposed endeavor has substantial merit and national importance Not Met

The endeavor was found to have substantial merit, but the record did not establish national importance, as the impact of the training programs and economic effects were not deemed commensurate with national importance under Dhanasar.

Why This Petition Was Denied

The motion to reopen and reconsider was dismissed because the petitioner failed to present new facts or demonstrate that the prior decision was based on an incorrect application of law or policy. The AAO reiterated that while the endeavor was substantially meritorious, it lacked national importance, as a labor shortage alone does not satisfy Dhanasar's first prong, and the proposed training programs did not demonstrate a broad enough impact or substantial economic effects commensurate with national importance.

Evidence

Evidence Types
Reference Letters Dependent

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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: 2024-10-15.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 1

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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