Outcome: Dismissed
SEP072023_05B5203
Our summary
Pilot with advanced degree seeking EB-2 NIW classification changed proposed endeavor significantly in response to RFE rather than establishing national importance of initial petition. AAO found material change impermissible and that original pilot/airline captain endeavor lacked sufficient detail and documentation to demonstrate substantial merit and national importance.
Official PDF
Official PDF ↗Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.
No criterion in the table was found met in this decision.
What was missing
- Merit and national importance · Pilot made impermissible material changes to proposed endeavor in RFE response; initial pilot/airline captain endeavor lacks substantial merit and national importance with insufficient documentation.
Criteria
| Criterion | Reading | Why |
|---|---|---|
| Not met | Pilot made impermissible material changes to proposed endeavor in RFE response; initial pilot/airline captain endeavor lacks substantial merit and national importance with insufficient documentation. | |
| Not reached / not discussed | First prong failure is dispositive; remaining prongs not reached. | |
| Not reached / not discussed | First prong failure is dispositive; remaining prongs not reached. |
A published decision describes one case. It is not legal advice and not a prediction for yours.
