dismissed EB-2 (NIW) RFE Issued

Pilot And Instructor

Aviation Sector · 2025-01-29

Decision Date
2025-01-29
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 continue as an airline pilot and flight instructor, and to innovate in sustainable aeronautics by focusing on advanced propulsion systems and alternative fuels for aviation. This includes developing instructional programs for pilots on sustainable flight practices and collaborating with research institutions and aviation companies to reduce aviation's carbon footprint.

Framework Evaluation

0 of 3 criteria met
1 The proposed endeavor has both substantial merit and national importance. Not Met

USCIS found the proposed endeavor to have substantial merit but failed to demonstrate national importance. The Petitioner did not provide specific plans on how their individual work would achieve a national-level impact or create significant economic effects, beyond general goals.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish the national importance of the proposed endeavor under the first Dhanasar prong. While the endeavor had substantial merit, the Petitioner did not provide specific plans or evidence demonstrating how their individual work would achieve a national-level impact, beyond general goals. Evidence like patents (for a magnetic hanging spring and a periodic table teaching apparatus) were not linked to the proposed aviation endeavor, and letters of support lacked specific information on the endeavor's national impact, focusing instead on qualifications. The Petitioner's speculation about job creation lacked supporting evidence.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence regarding the national interest waiver. The petitioner responded by detailing his proposed endeavor in sustainable aeronautics and pilot training, and asserting its national importance by citing industry trends and government initiatives. However, this response was found to lack the specificity needed to demonstrate national importance.

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

Evidence

Evidence Types
Patents
Reference Letters Dependent
Reference Letters Independent
Government Alignment

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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: 2025-01-29.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 4

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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