dismissed EB-2 (NIW) RFE Issued

Pilot

Civilian Search And Rescue Organization Or A Comparable Civilian Air Ambulance Service · 2024-10-08

Decision Date
2024-10-08
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 join a civilian search and rescue organization or a comparable civilian air ambulance service as a pilot. Additionally, the petitioner intends to train pilots for their employer and assist in training law enforcement pilots.

Framework Evaluation

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

The proposed endeavor was found to have substantial merit, but the petitioner failed to demonstrate its national importance, as their individual work as a pilot and instructor was not shown to have broader implications for the field or significant national economic effects.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to demonstrate that their proposed endeavor, working as a pilot and instructor in search and rescue/air ambulance services, had national importance. While the endeavor was found to have substantial merit, the AAO determined that the petitioner did not show how their individual work would have broader implications for the field, significant potential to employ U.S. workers, or substantial positive economic effects beyond filling a single position. The importance of the field itself or a national pilot shortage was not sufficient to establish national importance for the specific endeavor.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence regarding the national importance of the petitioner's proposed endeavor. The petitioner responded by asserting the nationwide scope of search and rescue/air ambulance services, but this was deemed insufficient to demonstrate the national importance of their specific work.

RFE Targets
The proposed endeavor has both substantial merit and national importance

Evidence

Evidence Types
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: 2024-10-08.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 1

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,816
Success Rate 53.6%
Sustained 2,046
Dismissed 1,674

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