Date of Decision: January 18, 2024
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Aviation
Petitioner Information
Profession: Airline Pilot
Field: Aviation
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Exceptional Ability: Evidence includes service letters, certificates, recognition in training programs, and membership in professional associations.
Criteria Not Met:
- National Importance: The appeal was dismissed due to the petitioner’s failure to demonstrate that the proposed endeavor of working as an airline pilot is of national importance.
- Well-Positioned to Advance: Inconsistency in the petitioner’s proposed endeavors (from aviation security instructor to airline pilot) led to the conclusion that they were not well-positioned to advance the proposed endeavor.
Key Points from the Decision
Proposed Endeavor:
- The petitioner initially proposed to work as an aviation security instructor and later changed to flying commercial and private freight and passenger charter service aircraft.
Substantial Merit and National Importance:
- The petitioner’s proposed endeavor was not considered of national importance. The national importance of teaching aviation security or operating as a pilot was deemed insufficient.
Supporting Evidence:
- The petitioner provided various documents such as recommendation letters, a revised personal statement, and an employment offer letter. However, these were not sufficient to meet the criteria of national importance.
Inconsistencies in Proposed Endeavor:
- Significant inconsistencies were noted in the petitioner’s stated proposed endeavors, which undermined the credibility and specificity of the proposal.
Supporting Documentation
Letters of Intent: (if applicable)
- Not sufficiently detailed in the appeal.
Business Plan: (if applicable)
- Not applicable or provided in the documentation.
Advisory Letter: (if applicable)
- Included letters from colleagues and an assessment from a professor, which supported the petitioner’s qualifications but not the national importance or merit of the endeavor.
Any other supporting documentation: (if applicable)
- Employment offer letter and personal statements were provided but did not adequately support the national importance criterion.
Conclusion
Final Determination: The appeal is dismissed due to the failure to establish that the proposed endeavors are of national importance and the petitioner’s inconsistent propositions.
Reasoning:
- The petitioner did not consistently articulate the nature of their endeavor, and their revised proposal did not convincingly demonstrate national importance or substantial merit in the context of U.S. national interests.
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