dismissed EB-2 (NIW)

Helicopter Pilot

Aviation · 2024-06-05

Decision Date
2024-06-05
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, a helicopter pilot and flight instructor, seeks to continue his career in the United States. The record does not provide a specific detailed project beyond general employment in his field of expertise.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner did not establish eligibility for the EB-2 classification as an individual of exceptional ability. Although he met three criteria (licensure, 10 years experience, and membership), the final merits analysis concluded his qualifications were standard for the industry. The AAO declined to evaluate the Dhanasar prongs as the underlying classification was not met.

Evidence

Evidence Types
Professional Memberships
Reference Letters Dependent

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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: 2024-06-05.

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At a Glance

Outcome dismissed
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

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