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dismissed EB-2 (NIW)

Commercial Airline Pilot

Commercial Airline Industry · 2024-05-29

Decision Date
2024-05-29
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 by transitioning his European ATPL license to an FAA ATP license. He also intends to eventually serve as a flight instructor to train new candidates and potentially operate a flight school academy or work for the U.S. Government in that capacity.

Framework Evaluation

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

The endeavor has substantial merit but lacks national importance because the petitioner's work would not impact the field more broadly than his individual employment.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to satisfy the first prong of the Dhanasar framework. Specifically, he did not demonstrate that his individual work as a pilot would have a 'national importance' or 'substantial economic effect' beyond his specific employer, despite the existence of a general industry pilot shortage.

Evidence

Evidence Types
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: 2024-05-29.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 1

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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