Date of Decision: February 5, 2024
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Aviation Industry
Petitioner Information
- Profession: Aircraft Maintenance Technician
- Field: Aviation
- Nationality: Not Specified
Summary of Decision
- Initial Decision: Denied
- Appeal Outcome: Denied
Evidentiary Criteria Analysis
- Criteria Met:
- Criterion 1 (Education): Possesses relevant academic qualifications in aviation.
- Criterion 2 (Certifications): Holds relevant professional certifications in aviation maintenance.
- Criteria Not Met:
- Criterion 1 (Experience): Insufficient proof of 10 years full-time experience in the specified occupation.
- Criterion 2 (Recognition): Lacks adequate recognition for significant contributions to the aviation field.
Key Points from the Decision
- Proposed Endeavor:
- The petitioner aims to continue contributing to the aviation industry as an aircraft maintenance technician, focusing on safety and efficiency improvements.
- Substantial Merit and National Importance:
- While the petitioner’s work is deemed to have substantial merit within the aviation sector, it does not clearly demonstrate national importance or broader beneficial impacts warranting a National Interest Waiver.
- Supporting Evidence:
- Presented various forms of evidence, including academic records and professional certifications. However, documentation related to professional experience and contributions did not meet the necessary standards.
- Inconsistencies in Proposed Endeavor:
- There were notable gaps in demonstrating a continuous full-time professional experience, especially relevant to the regulations requiring demonstration at the time of filing.
Supporting Documentation
- Letters of Intent: Not applicable.
- Business Plan: Not applicable.
- Advisory Letter: Evidence included does not sufficiently support claims of exceptional ability or significant contributions to the field.
Conclusion
- Final Determination: The appeal is dismissed due to insufficient evidence to qualify the petitioner as an individual of exceptional ability under the EB-2 category, and consequently, the national interest waiver is also denied.
- Reasoning: The petitioner failed to conclusively meet multiple critical criteria required for the classification sought, particularly in demonstrating the required level of expertise and impact in the aviation industry.
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