Date of Decision: January 12, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Aviation
Petitioner Information
- Profession: Aircraft Mechanic
- Field: Aviation
- Nationality: Not specified
Summary of Decision
- Initial Decision: Denied
- Appeal Outcome: Denied
Evidentiary Criteria Analysis
- Criteria Met:
- Advanced Degree Professional: The Petitioner established he was an advanced degree professional.
- Criteria Not Met:
- National Interest Waiver: The Petitioner did not demonstrate that a waiver of the required job offer and labor certification would be in the national interest.
Key Points from the Decision
- Proposed Endeavor:
The Petitioner intends to operate a business that provides corrective and preventive aircraft maintenance services, as well as consulting and training. He aims to alleviate the shortage of aviation mechanics by offering training expertise to various entities within the U.S. aviation market. - Substantial Merit and National Importance:
The Petitioner’s endeavor was found to have substantial merit but did not meet the national importance criteria. The Director determined that the business would not sufficiently impact the industry or the broader economy to a degree that would justify a national interest waiver. - Key Quotes: “The Petitioner must establish the national importance of his business rather than the importance of aircraft mechanics, small businesses, entrepreneurism, and immigration.”
- Supporting Evidence:
The Petitioner submitted a business plan, recommendation letters, industry reports, and articles. However, these did not sufficiently demonstrate that his business would have a significant national impact. - Key Quotes: “The Director specifically referenced and analyzed the business plan, the recommendation letter, and industry reports and articles.”
- Inconsistencies in Proposed Endeavor:
The Director noted that while the Petitioner’s proposed business would benefit the aviation industry, it would not extend beyond his company and its clientele to impact the field more broadly at a national level.
Supporting Documentation
- Letters of Intent: Not applicable
- Business Plan: The business plan outlined services and potential impacts but failed to demonstrate a national-level influence.
- Advisory Letter: The advisory letters supported the Petitioner’s qualifications but did not establish national significance.
- Any other supporting documentation: Industry reports and articles were referenced but did not suffice to establish national importance.
Conclusion
- Final Determination: The appeal is dismissed.
- Reasoning: The Petitioner did not establish that his proposed endeavor would have a significant national impact. As such, he did not meet the criteria for a national interest waiver, and further analysis of other eligibility criteria was deemed unnecessary.
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