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dismissed EB-2 (NIW)

Airline Pilot And CEO

Pilot Training Company · Slovakia · 2024-09-23

Decision Date
2024-09-23
Location
Slovakia
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 open a branch of his pilot training company in the United States, which he founded in Slovakia. The endeavor aims to teach and train pilots, contributing to U.S. worker employment and enhancing societal welfare by generating new resources for operation and development.

Framework Evaluation

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

The AAO found that while the endeavor may have substantial merit, it did not demonstrate national importance due to insufficient evidence of broader economic impact or implications for the aviation industry beyond the direct services provided. The projected job creation and revenue figures were deemed insufficient and lacked adequate explanation.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance element of the first Dhanasar prong. The proposed endeavor's projected 14 jobs and $17 million in revenue over five years were deemed insufficient to demonstrate national importance, lacking sufficient explanation for their basis and scale beyond the business's immediate area. The decision emphasized that the importance of the aviation field itself does not equate to the national importance of the specific endeavor, and the endeavor did not demonstrate broader implications for the aviation industry or a significant reduction in a national pilot shortage.

Evidence

Evidence Types
Reference Letters Dependent
Media Coverage
Business Plan

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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: 2024-09-23.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 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 EB-2 (NIW) in Slovakia All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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