dismissed EB-2 (NIW)
Commercial Pilot
Commercial Aviation · Brazil · 2023-03-15
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 proposed to continue working as a pilot and started his own company offering pilot services and aeronautical consulting for new pilots in the United States.
Why This Petition Was Denied
The appeal was dismissed because the petitioner did not establish exceptional ability; specifically, his licenses and flight school completion were deemed basic credentials rather than expertise significantly above the norm. The record lacked sufficient comparative evidence regarding salary and license range, and the AAO reserved judgment on the Dhanasar prongs as the EB-2 qualification was not met.
Evidence
Evidence Types
High Salary
Original Contributions
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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.
Browse More Cases
Case data sourced from publicly available petition decisions and case studies. Decision date: 2023-03-15.
Browse all casesAt a Glance
Outcome dismissed
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
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