Remanded
EB-2 NIW
EB-2 NIW Remanded โ Commercial Aviation (2023): the Director's decision lacked a complete and accurate
Filing your own EB-2 NIW? See how your CV maps to the criteria this decision turned on โ free strategy preview.
Decision Summary
The appeal was remanded because the Director's decision lacked a complete and accurate analysis. The AAO found that the Director failed to conduct a proper final merits determination for the 'exceptional ability' claim. Additionally, the petitioner improperly made a material change to their proposed endeavor in response to an RFE, shifting from being an employee pilot to owning a flight academy, which is not permissible.
See how a decision like this gets cited in an EB-2 NIW petition →Criteria Discussed
Exceptional Ability Academic Record 10 Years Of Experience License Or Certification Membership In Professional Associations Final Merits Determination Substantial Merit And National Importance Well-Positioned To Advance The Endeavor Balance Of Factors Favors Waiver
๐ Original decision (USCIS PDF)
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Filing your own EB-2 NIW? See where you stand.
Upload your CV and see how your profile maps to USCIS criteria โ free strategy preview, no credit card.
Map Your CV to These Criteria โNo credit card required.