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dismissed EB-2 (NIW) RFE Issued

Pilot And Pilot Instructor

Aviation · 2024-06-20

Decision Date
2024-06-20
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 continue working as a pilot and pilot instructor, specifically training low-experience pilots for multi-crew operations. He also intends to conduct research to enhance aviation training materials and products to be used by U.S. and global airlines.

Framework Evaluation

1 of 3 criteria met
1 Substantial Merit and National Importance Partially Met

The endeavor was found to have substantial merit but failed to demonstrate national importance.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of his endeavor under the first Dhanasar prong. Although he has 9,000 flight hours and holds an Airline Transport Pilot license, the evidence did not show his specific training activities would impact the industry more broadly than his immediate employers or students.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to address deficiencies in all three Dhanasar prongs; the petitioner responded with a brief, resume, and industry reports.

RFE Targets
Substantial Merit and National Importanceprong 2prong 3

Evidence

Evidence Types
Reference Letters Dependent
Reference Letters Independent
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: 2024-06-20.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 1 / 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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