dismissed EB-2 (NIW) RFE Issued

Entrepreneur In The Aviation Supply Industry

Aviation Supply Industry · 2024-04-22

Decision Date
2024-04-22
Location
Central Florida
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 operate a family-owned aircraft parts manufacturing company in the United States. The endeavor aims to develop and supply innovative, durable, and cost-effective spare parts for military and commercial aviation maintenance. It also includes developing new maintenance protocols and training military personnel on component usage.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Partially Met

The endeavor was found to have substantial merit but failed to demonstrate national importance.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to satisfy the national importance element of the first Dhanasar prong. Although the aviation industry is vital, the petitioner did not provide specific metrics or evidence showing her individual endeavor would have a significant economic impact, create a specific number of jobs, or influence the field on a national or global scale. The AAO reserved judgment on prongs two and three as the first prong was not met.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence regarding the national importance of the endeavor; the petitioner responded by emphasizing the importance of the aviation industry to national security.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Reference Letters Dependent
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: 2024-04-22.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 2

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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