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dismissed EB-2 (NIW)

Manager In Curriculum Design For Flight Training

Aviation · 2024-11-22

Decision Date
2024-11-22
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 become a flight training consultant in the United States, assisting airlines, flight training organizations, and freight carriers in developing and accrediting competency-based training and assessment (CBTA) programs for flight. This endeavor aims to address the U.S. pilot shortage crisis by providing a competent workforce and improving aviation safety.

Framework Evaluation

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

The petitioner established substantial merit but failed to demonstrate national importance, as the evidence did not show broader implications or substantial positive economic effects beyond individual clients.

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

The Director concluded the petitioner did not establish he was well-positioned to advance the proposed endeavor. The AAO reserved judgment on this issue.

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

The Director concluded the petitioner did not establish that on balance, waiving the job offer requirement would benefit the United States. The AAO reserved judgment on this issue.

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. USCIS found that general assertions about job creation and economic impact were unsupported by corroborating evidence, and the specific consulting services did not demonstrate sufficiently broad implications beyond current or prospective clients to meet the national importance threshold. The Director's conclusions regarding the petitioner's underlying EB-2 eligibility and the other two Dhanasar prongs were reserved by the AAO.

Evidence

Evidence Types
Experience
Articles

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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: 2024-11-22.

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At a Glance

Outcome dismissed
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

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

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