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EB-2 NIWOtherIndividualDecided September 2023Dismissed

Outcome: Dismissed

SEP072023_05B5203

Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed

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

CriterionReadingWhy
Merit and national importanceNot metPilot made impermissible material changes to proposed endeavor in RFE response; initial pilot/airline captain endeavor lacks substantial merit and national importance with insufficient documentation.
Well positionedNot reached / not discussedFirst prong failure is dispositive; remaining prongs not reached.
Balance favors a waiverNot reached / not discussedFirst 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.

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