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dismissed EB-2 (NIW) RFE Issued

Commercial Pilot

Aviation · 2024-06-07

Decision Date
2024-06-07
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 work as a commercial pilot in the United States, contributing to the aviation field by sharing expertise and knowledge. He intends to address pilot vacancies and provide training for others in the field to improve air safety operations.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Not Met

The endeavor has substantial merit but lacks evidence of national importance as it does not sufficiently extend beyond the petitioner's employer to impact the field broadly.

Why This Petition Was Denied

The appeal was dismissed because the petitioner did not establish the national importance of his proposed endeavor under the first Dhanasar prong. While the endeavor had substantial merit, the petitioner failed to show that his work as a commercial pilot would have a broad impact on the industry or the U.S. economy beyond his specific employers.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director requested evidence to establish the petitioner's exceptional ability and the national importance of the endeavor; the petitioner provided industry reports and expert letters in response.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Reference Letters Dependent
Media Coverage

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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: 2024-06-07.

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

Related Pages

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