Date of Decision: September 21, 2023
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Aircraft Mechanics
Petitioner Information
- Profession: Aircraft Mechanic
- Field: Aircraft Mechanics
- Nationality: Not Specified
Summary of Decision
- Initial Decision: Denied
- Appeal Outcome: Remanded
Evidentiary Criteria Analysis
The petitioner, an aircraft mechanic, sought classification under the EB-2 category as either a member of the professions holding an advanced degree or as an individual of exceptional ability. He also requested a national interest waiver. The Director of the Nebraska Service Center denied the petition, concluding that the petitioner did not establish eligibility for the national interest waiver. The Administrative Appeals Office (AAO) reviewed the appeal and remanded the case for a new decision.
Key Points from the Decision
- Individual of Exceptional Ability: The petitioner claimed eligibility as an individual of exceptional ability and submitted evidence to meet all six evidentiary criteria under 8 C.F.R. § 204.5(k)(3)(ii). The Director did not evaluate this claim, and on remand, the Director is instructed to assess whether the petitioner meets the requirements for classification as an individual of exceptional ability.
- Substantial Merit and National Importance: The Director initially found that the petitioner’s proposed endeavor as an aircraft mechanic had substantial merit but did not demonstrate national importance. However, the decision did not sufficiently explain the basis for this conclusion. The AAO remanded the case for the Director to provide a detailed analysis of whether the petitioner’s endeavor has significant potential to impact the broader field of aircraft mechanics or the U.S. economy on a national scale.
- Well-Positioned to Advance the Endeavor: The Director previously concluded that the petitioner was well-positioned to advance his proposed endeavor but did not provide a basis for this determination. The AAO instructed the Director to articulate the reasoning behind this conclusion in the remanded decision.
- Balancing Factors: Regarding the third prong of the Dhanasar framework, the Director found that the petitioner did not demonstrate that waiving the job offer requirement would be beneficial to the United States. However, the decision lacked a meaningful discussion of the evidence weighed in this analysis. The AAO instructed the Director to reassess this prong and address the petitioner’s arguments and evidence in the remanded decision.
Conclusion
Final Determination: The Director’s decision was withdrawn, and the case was remanded for a new decision. The Director must evaluate the petitioner’s eligibility for the underlying EB-2 classification and properly apply all three prongs of the Dhanasar framework to determine whether the petitioner qualifies for a national interest waiver.
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