Date of Decision: February 7, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Aviation Mechanics
Petitioner Information
Profession: Aircraft Maintenance Technician
Field: Aviation Mechanics
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Official Academic Records and Licenses: The petitioner demonstrated his qualifications through school certificates in aviation mechanics and a license to work as an aircraft maintenance technician.
- Ten Years of Full-Time Experience: While the petitioner provided letters covering more than ten years from former employers, the review concluded that the experience did not strictly align with the occupation of aircraft mechanic.
Criteria Not Met:
- Membership in Professional Associations: The petitioner failed to prove membership in relevant professional associations at the time of the petition’s filing.
- Recognition for Achievements and Significant Contributions: The letters submitted did not provide specific achievements or significant contributions to the aviation industry that could be verified as impactful.
Key Points from the Decision
Proposed Endeavor:
The petitioner aimed to continue his career in the U.S. as an aircraft maintenance technician, leveraging his extensive experience and academic background in aviation mechanics.
Substantial Merit and National Importance:
The appeal review did not find substantial evidence that the petitioner’s work carried a significant merit or impact on national importance, primarily due to the lack of specific, recognized contributions to the aviation industry.
Supporting Evidence:
The petitioner submitted academic records, professional licenses, and employment letters. However, the evidence was deemed insufficient to meet the required criteria fully.
Inconsistencies in Proposed Endeavor:
The review highlighted discrepancies in the petitioner’s claimed professional associations and the relevance of his past work experience to the specific field of aircraft maintenance.
Supporting Documentation
Letters of Intent: Not applicable
Business Plan: Not applicable
Advisory Letter: Not applicable
Any other supporting documentation: Various letters from colleagues and industry professionals were submitted but did not specifically support the claims of significant industry impact.
Conclusion
Final Determination: The appeal to classify the petitioner under the EB-2 National Interest Waiver was denied based on insufficient evidence to fulfill the necessary criteria. The decision was made after considering the petitioner’s qualifications and contributions, which were found lacking in terms of specific, impactful achievements in the aviation mechanics field.
Reasoning: The petitioner did not demonstrate eligibility for the classification sought with the evidence provided, particularly in proving the national interest waiver’s requirements.
