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dismissed EB-2 (NIW)

Commercial Airline Pilot

Commercial Aviation · 2024-04-30

Decision Date
2024-04-30
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 in the United States, specifically seeking to pilot modern and technologically advanced aircraft such as the Airbus A350.

Framework Evaluation

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

The endeavor has substantial merit but lacks national importance.

2 Well-positioned to Advance the Endeavor Not Met

The petitioner did not establish the underlying EB-2 eligibility required to be considered well-positioned.

3 Balance of Factors to Waiver Job Offer Not Met

The petitioner did not establish that it would be in the national interest to waive the job offer requirement.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish eligibility for the underlying EB-2 classification (advanced degree or exceptional ability) and did not demonstrate the national importance of the endeavor. Additionally, evidence of A350 training post-dated the filing and was not relevant to eligibility at the time of filing.

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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: 2024-04-30.

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At a Glance

Outcome dismissed
Criteria Met 0 / 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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