Date of Decision: January 26, 2024
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: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Eligibility for the EB-2 Classification: Petitioner has an advanced degree in aeronautical engineering and over five years of progressive post-baccalaureate work experience in this field.
Criteria Not Met: - National Interest Waiver: The petitioner failed to establish the national importance of his proposed endeavor under the Dhanasar framework, notably changing the proposed endeavor in response to the RFE which is impermissible.
Key Points from the Decision
Proposed Endeavor:
Initially proposed to offer expertise to U.S.-based aviation manufacturers, later changed to founding a company providing aircraft maintenance and management services.
Substantial Merit and National Importance:
The original endeavor was found to have substantial merit in the business field. However, it lacked sufficient evidence of national importance, focusing too narrowly on the impact on the petitioner’s employer rather than the broader industry.
Supporting Evidence:
Evidence included the petitioner’s contributions to his employer’s market position in the U.S., but was deemed insufficient to establish broader national importance.
Inconsistencies in Proposed Endeavor:
Significant inconsistency noted in the petitioner’s switch from an employee role to an entrepreneurial endeavor post-RFE, which is not permitted under USCIS regulations for altering a filed petition’s core elements.
Supporting Documentation
Business Plan:
Outlined plans to form a new company focusing on aircraft maintenance management, submitted post-RFE and not considered due to timing and change in the nature of the proposed endeavor.
Conclusion
Final Determination:
The appeal was dismissed due to the petitioner’s failure to convincingly demonstrate the national importance of his proposed endeavors and the impermissible change to his petition post-RFE.
Reasoning:
The focus remained on the original proposed endeavor, which did not sufficiently impact the national interest, especially in terms of broader industry effects or potential for significant job creation.
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