Date of Decision: JAN. 9, 2024
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Aircraft Mechanical Maintenance
Petitioner Information
Profession: Aircraft Mechanical Maintenance Specialist
Field: Aircraft Mechanical Maintenance
Nationality: Brazilian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit: The petitioner demonstrated substantial merit in the proposed endeavor within the aviation industry, emphasizing the critical role of his work in public safety and technical innovation.
Criteria Not Met:
- National Importance: The petitioner failed to establish that his proposed work as an aircraft maintenance specialist would impact the aviation field nationally, as required by USCIS standards.
Key Points from the Decision
Proposed Endeavor:
The petitioner aimed to enhance the U.S. aviation industry by focusing on the maintenance and safety of aircraft, training new technicians, and improving technical procedures.
Substantial Merit and National Importance:
Despite the recognized substantial merit, the appeal was dismissed as the petitioner could not convincingly demonstrate that his efforts would have a broad national impact beyond his immediate professional sphere.
Supporting Evidence:
The petitioner provided extensive documentation, including references to FAA reports and endorsements from industry professionals, highlighting the importance of his role. However, this evidence was deemed insufficient to prove national importance.
Inconsistencies in Proposed Endeavor:
There were no specific inconsistencies noted in the proposed endeavor, but the lack of broad national impact was a significant factor in the denial.
Supporting Documentation
Letters of Intent: Not applicable
Business Plan: Not applicable
Advisory Letter: Provided from a professor who emphasized the petitioner’s leadership and expertise, yet this was not sufficient to establish national importance.
Conclusion
Final Determination: The appeal was dismissed based on the failure to demonstrate that the petitioner’s proposed endeavor had national importance as defined by USCIS guidelines.
Reasoning: The decision focused on the lack of evidence that the petitioner’s work would impact the aviation industry nationally or lead to significant economic benefits.
