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dismissed EB-2 (NIW) RFE Issued

Commercial Pilot

Aviation · 2024-08-15

Decision Date
2024-08-15
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 continue using his expertise and knowledge in the field of aviation by working as a Pilot for airlines, charter operators, or private companies in the U.S. Alternatively, he is open to serving as a ground, flight, or crew instructor for reputable organizations, and aspires to become a Federal Aviation Administration Check Airman or Inspector.

Framework Evaluation

1 of 3 criteria met
1 Individual is well-positioned to advance the proposed endeavor Met

The Director determined that the Petitioner had established that he is well-positioned to advance the proposed endeavor.

2 Proposed endeavor has both substantial merit and national importance Not Met

The AAO found that the petitioner did not demonstrate by a preponderance of the evidence that the proposed endeavor has both substantial merit and national importance, specifically failing on national importance.

3 On balance, it would benefit the United States to waive the job offer and labor certification requirements Not Met

The AAO declined to reach a determination on this prong as the failure to meet the first prong was dispositive for the appeal's dismissal.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of his proposed endeavor under the first prong of the Dhanasar framework. While the Director found substantial merit and that the petitioner was well-positioned (prong 2), the AAO concluded that the proposed work as a pilot or instructor did not sufficiently extend beyond potential employers and clientele to impact the field or U.S. economy broadly at a level commensurate with national importance, despite arguments regarding pilot shortages and economic impact.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director issued an RFE, and in response, the petitioner submitted an updated professional plan and statement. The RFE likely targeted the national importance aspect of the proposed endeavor, which ultimately remained unmet.

RFE Targets
Proposed endeavor has both substantial merit and national importance

Evidence

Evidence Types
Reference Letters Independent
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: 2024-08-15.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 1 / 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

Related Pages

EB-2 (NIW) Overview All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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