EB-2 NIW USCIS Appeal Review – Aeronautical Engineer – Aeronautical Engineering JUL122021_01B5203

Date of Decision: July 12, 2021
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Aeronautical Engineering

Petitioner Information

Profession: Aeronautical Engineer
Field: Aeronautical Engineering
Nationality: Not Specified

Summary of Decision

Initial Decision: Denied
Appeal Outcome: Dismissed

Evidentiary Criteria Analysis

Criteria Met:

  • Professional Memberships: The petitioner demonstrated membership in relevant professional associations, confirming his standing in the field of aeronautical engineering.

Criteria Not Met:

  • Advanced Degree: The petitioner did not provide sufficient evidence to establish the U.S. equivalency of his foreign education. The documentation regarding his academic record lacked sufficient detail and appeared informally printed.
  • Exceptional Ability: The petitioner did not provide adequate evidence to show that he possesses exceptional ability. The submitted documents did not demonstrate expertise significantly above that ordinarily encountered in the aeronautical engineering field.

Key Points from the Decision

Proposed Endeavor: The petitioner proposed to continue his work as an aeronautical engineer in the United States, focusing on aviation safety and regulatory compliance. He aimed to contribute to the U.S. aviation industry by advising on best practices and safety standards.

Substantial Merit and National Importance: The petitioner’s endeavor was recognized for its substantial merit due to its potential to address aviation safety and regulatory compliance. However, the documentation did not show that his work had broader implications that would significantly impact the U.S. aviation industry at a national level.

On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process: The petitioner argued that his work would contribute to the U.S. aviation industry by enhancing safety and regulatory compliance. However, he did not provide sufficient evidence to support the claim that his contributions would justify waiving the labor certification process, especially given the existing process to address such needs through labor certification.

Supporting Evidence

The petitioner submitted his curriculum vitae, academic credentials, and letters of support. These documents demonstrated his involvement in the aeronautical engineering field. However, the evidence did not sufficiently show that his contributions would have a substantial positive impact on the U.S. aviation industry or create significant job opportunities.

Inconsistencies in Proposed Endeavor

The petitioner’s assertions about his influence and impact were not fully supported by the evidence provided. The documentation did not clearly show that his work had been widely adopted or recognized to the extent necessary to meet the national importance requirement.

Supporting Documentation

Letters of Intent: Not applicable.
Business Plan: Not provided or summarized in the decision.
Advisory Letter: Provided but not sufficiently detailed to support the claim of national importance.
Any Other Supporting Documentation: Included letters from colleagues and professionals, which praised his work but did not adequately demonstrate his significant impact in the field.

Conclusion

The appeal was dismissed. The petitioner did not meet the criteria for demonstrating that his proposed endeavor had national importance or that waiving the labor certification requirement would benefit the United States. The evidence provided was insufficient to support his claims of substantial impact and national importance.

Download the Full Petition Review Here


Emmanuel Uwakwe
Emmanuel Uwakwe

I studied Electrical and Electronics Engineering and have a huge passion for tech related stuff :)

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