Dismissed EB-2 NIW

EB-2 NIW Dismissed โ€” Professional Pilot (2023): did not establish eligibility for the underlying EB-2

๐Ÿ“… 2023-12-04 ๐Ÿ‘ค Individual ๐Ÿ“‚ Professional Pilot

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Decision Summary

The appeal was dismissed because the petitioner failed to establish eligibility for the underlying EB-2 classification as an individual of exceptional ability. The AAO determined that the petitioner did not meet the minimum three required criteria, specifically withdrawing the Director's prior finding on the academic degree criterion. The evidence submitted, such as training certificates for 'car wrapping', was found to be unrelated to the petitioner's claimed field as a professional pilot and not issued by qualifying institutions.

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Criteria Discussed

8 C.F.R. ยง 204.5(K)(3)(Ii)(A) 8 C.F.R. ยง 204.5(K)(3)(Ii)(B) 8 C.F.R. ยง 204.5(K)(3)(Ii)(C) 8 C.F.R. ยง 204.5(K)(3)(Ii)(D) 8 C.F.R. ยง 204.5(K)(3)(Ii)(E) 8 C.F.R. ยง 204.5(K)(3)(Ii)(F)
๐Ÿ“„ Original decision (USCIS PDF)

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