dismissed EB-2 (NIW) RFE Issued
First Officer
Aviation · 2024-09-20
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.
Why This Petition Was Denied
The appeal was dismissed because the petitioner failed to provide sufficient evidence to satisfy at least three of the six criteria for exceptional ability under 8 C.F.R. § 204.5(k)(3)(ii). Specifically, the AAO found that the letters from the petitioner's prior and current employers, while acknowledging admirable work, did not demonstrate recognition for achievements and significant contributions to the aviation industry as a whole, failing to meet criterion (F). The AAO did not reach the Dhanasar prongs for the national interest waiver.
Request for Evidence (RFE)
Unsuccessfully AddressedThe Director issued a Request for Evidence (RFE) regarding the petitioner's qualifications as an individual of exceptional ability, specifically challenging the satisfaction of criteria under 8 C.F.R. § 204.5(k)(3)(ii)(F). The petitioner reiterated previous statements without new evidence or arguments.
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.
Browse More Cases
Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-09-20.
Browse all casesAt a Glance
Outcome dismissed
RFE Issued
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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