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dismissed EB-2 (NIW) RFE Issued

Commercial Airline Pilot

Aviation · 2024-04-24

Decision Date
2024-04-24
Location
United States
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 commercial airline pilot and flight instructor, offering educational programs through his own company to partners such as aviation academies, colleges, and airlines. The work involves operating and training others on a wide array of aircraft to address the pilot shortage in the United States.

Framework Evaluation

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

The endeavor has substantial merit due to the pilot shortage, but lacks national importance as it does not show a broader impact on the field.

Why This Petition Was Denied

The appeal was dismissed because the petitioner did not establish exceptional ability or the national importance of his endeavor. While he had 11 years of experience and relevant licenses, he failed to show his impact would extend to the broader field rather than just his employers. Prongs 2 and 3 were not fully addressed as Prong 1 was not met.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence for EB-2 qualification and the Dhanasar prongs; the petitioner provided a business model and expert letters which failed to establish national importance.

RFE Targets
Substantial Merit and National Importanceprong 2

Evidence

Evidence Types
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: 2024-04-24.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 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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