dismissed EB-2 (NIW)

A Pilot, A Flight Simulator Instructor, A Flight Standards Specialist, And An Extended Twin-Engine Operations (ETOPS) Expert

Aviation ยท 2024-08-01

Decision Date
2024-08-01
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 in the United States as a pilot, a flight simulator instructor, a flight standards specialist, and an extended twin-engine operations (ETOPS) expert in the field of aviation. This includes flying in executive, commercial, and cargo American aviation, carrying passengers and cargo safely, fulfilling schedules, avoiding flight delays, and contributing to client satisfaction, tourism, and business trade.

Framework Evaluation

0 of 3 criteria met
1 The proposed endeavor has both substantial merit and national importance Not Met

The AAO found that while the endeavor had substantial merit, the Petitioner failed to demonstrate its national importance. The evidence presented focused on the general importance of the aviation industry rather than the specific broader impact of the Petitioner's individual undertaking.

2 The individual is well positioned to advance their proposed endeavor Not Met

The AAO did not fully evaluate this prong due to the failure on Prong 1, but the Director had initially determined it was not met. The Petitioner's education, skills, and experience were noted as relevant but not sufficient to overcome the lack of national importance for the endeavor itself.

3 On balance, waiving the job offer requirement would benefit the United States Not Met

The AAO did not fully evaluate this prong due to the failure on Prong 1, but the Director had initially determined it was not met. The argument regarding a pilot shortage was deemed insufficient to warrant waiving the labor certification process.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish that his proposed endeavor has national importance under the first prong of the Dhanasar framework. While the Petitioner demonstrated qualification for EB-2 as an advanced degree professional and that his endeavor has substantial merit, the evidence, including expert letters and articles, focused on the general importance of the aviation industry rather than the specific broader impact of his individual undertaking. The AAO found that the economic impact analysis lacked sufficient supporting details and credibility, and the claims of mitigating a pilot shortage were not sufficient for a national interest waiver, as such shortages are typically addressed by labor certification.

Evidence

Evidence Types
Reference Letters Independent
Commercial Success
Government Alignment
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: 2024-08-01.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 5

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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