dismissed EB-2 (NIW) RFE Issued

Commercial Airline Pilot

Aviation · 2023-06-22

Decision Date
2023-06-22
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 plans to offer commercial airline pilot services to U.S. employers, leveraging his experience in flying domestic and international flights, conducting flight operations, and implementing new airplane models and routes.

Why This Petition Was Denied

The appeal was dismissed because the petitioner did not qualify as an individual of exceptional ability; while he met the initial criteria for academic record, experience, and licensure, he failed the final merits determination. The AAO found his qualifications were typical for the occupation and lacked evidence of recognition or expertise significantly above that ordinarily encountered in the field.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE addressed the petitioner's eligibility as an individual of exceptional ability. The petitioner responded with details of his flight experience and reference letters, but failed to show expertise significantly above the norm.

RFE Targets
eb2 qualification

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: 2023-06-22.

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At a Glance

Outcome dismissed
RFE Issued
Evidence Types 1

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,895
Success Rate 54.2%
Sustained 2,112
Dismissed 1,687

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