dismissed EB-2 (NIW)

Pilot

Aviation · 2024-04-08

Decision Date
2024-04-08
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, a pilot, seeks to work in the United States within the aviation industry. The specific details of the proposed research or operational focus were not elaborated upon in this motion dismissal, which focused on the underlying EB-2 eligibility.

Why This Petition Was Denied

The motion was dismissed because the Petitioner did not establish that the prior decision was based on an incorrect application of law or policy. New evidence provided, including an employment letter and paystubs from 2023, did not affect the final merits determination and concerned facts arising after the 2019 filing date. The Petitioner met three of six initial criteria but failed the final merits determination for exceptional ability.

Evidence

Evidence Types
High Salary
Original Contributions

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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: 2024-04-08.

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At a Glance

Outcome dismissed
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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