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dismissed EB-2 (NIW)

Airline Pilot

Aviation ยท 2024-10-22

Decision Date
2024-10-22
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 work in the United States as a pilot for a major commercial airline. In addition to pilot flying duties, he intends to work in a management pilot position with additional job duties in flight safety or pilot instruction. With flight safety, he "would assist, advise[,] and monitor operating trends and provide to pilots and airline management the most updated information regarding the operation -identifying dangerous trends or practices to enhance flight safety and overall operations." He explains that he could also be "an instructor pilot or a check airman, which is an examiner authorized by the [Federal Aviation Administration] to perform evaluations in simulators and on the flying line to verify that the company pilots in the ranks are performing according the [ s ]tandard [ o ]perating [p ]rocedures and therefore enhancing the safety of flight widely."

Framework Evaluation

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

The AAO agreed the proposed endeavor had substantial merit but found the Petitioner did not establish it had national importance, as the work was not shown to extend beyond a single organization to impact the field more broadly.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish eligibility for EB-2 classification as an individual of exceptional ability, not satisfying at least three of the six initial evidentiary criteria (specifically failing to prove 10 years full-time experience and membership in a professional association). Furthermore, the Petitioner did not demonstrate that his proposed endeavor, while having substantial merit, was of national importance under the first Dhanasar prong, as his work was deemed to primarily benefit a single employer rather than having a broader impact on the field or U.S. economy.

Evidence

Evidence Types
Reference Letters Dependent
Original Contributions
Professional Memberships

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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: 2024-10-22.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 3

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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