Date of Decision: November 19, 2015
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Aerospace Engineering and Structural Aviation Fatigue Research
Petitioner Information
Profession: Aerospace Engineer
Field: Structural Aviation Fatigue Research
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Intrinsic Merit: The Petitioner’s work in developing a probabilistic linear damage model and probabilistic damage tolerance methodology for the FAA is considered of substantial intrinsic merit.
- National Scope: The benefits of the Petitioner’s research concerning structural fatigue, structural reliability, and probabilistic damage tolerance analysis extend to the national level.
Criteria Not Met:
- Initial Decision: The Director initially found that the Petitioner did not demonstrate that his work would serve the national interest to a greater extent than an available U.S. worker with the same minimum qualifications.
Key Points from the Decision
Proposed Endeavor:
The Petitioner aims to continue his research to further develop a probabilistic assessment for determining the reliability of aerospace structures. His work focuses on improving aircraft safety through the development of probabilistic fatigue and damage tolerance software used for risk assessments and risk management for small planes.
Substantial Merit and National Importance:
The Petitioner’s research is funded by the FAA and the U.S. Department of Defense. His contributions have direct implications for aircraft safety and reliability, which is of substantial merit and national importance. Key references include letters from senior figures in the FAA, DOD, and various research institutions emphasizing the importance and impact of his work.
Supporting Evidence:
- Letters of Support: These letters highlight the significance of the Petitioner’s contributions and their application in enhancing aircraft safety.
- Research Grants: Funding from major governmental bodies such as the FAA and DOD.
- Published Work: Documentation of the Petitioner’s research publications and presentations at conferences.
Inconsistencies in Proposed Endeavor:
None noted. The Petitioner’s proposed endeavor is consistent with his past achievements and contributions to the field.
Supporting Documentation
Letters of Intent:
Various letters from notable professionals and organizations support the Petitioner’s work and its impact on aviation safety.
Business Plan:
Not applicable.
Advisory Letter:
- FAA and DOD Letters: These letters outline the practical applications and benefits of the Petitioner’s probabilistic methods for structural risk analysis.
- Academic and Industry Support: Letters from university professors and industry leaders emphasize the innovative nature and national importance of the Petitioner’s work.
Other Supporting Documentation:
Additional letters and documents from aviation industry experts and institutions corroborate the Petitioner’s significant contributions and their broader impact on national safety and economic interests.
Conclusion
Final Determination: Approved
Reasoning:
The appeal was sustained based on the evidence demonstrating that the Petitioner’s work has a significant impact on national interest, outweighing the benefits of the labor certification process. The Petitioner has shown a past record of achievement justifying the projection of future benefits to the national interest.
