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dismissed EB-2 (NIW) RFE Issued

Pilot And Aviation Instructor Manager

Aviation · 2024-07-31

Decision Date
2024-07-31
Location
Florida
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 pilot and aviation instructor in the United States, specifically transporting cargo and people. He also intends to provide ground and simulator training for pilots seeking Airbus A320 type ratings and FAA Airline Transport Pilot (ATP) licenses.

Framework Evaluation

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

The endeavor has substantial merit but lacks national importance as it does not impact the field of aviation more broadly than the petitioner's immediate students or employer.

Why This Petition Was Denied

The petitioner failed to establish the national importance of his endeavor. The AAO found that the impact of his work would be limited to his immediate students and employer rather than the field of aviation or the U.S. economy more broadly. Furthermore, labor shortages in an industry are generally addressed through the labor certification process and do not inherently establish national importance for an individual's work.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to establish eligibility for EB-2 classification and the three Dhanasar prongs; the petitioner provided a letter of intent, job offer, and expert opinion.

RFE Targets
Substantial Merit and National Importanceprong 2prong 3eb2 qualification

Evidence

Evidence Types
Media Coverage
Reference Letters Dependent
Government Alignment
Expert Opinion

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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: 2024-07-31.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 4

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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