Date of Decision: December 7, 2023
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: Commercial Airline Pilot and Flight Instructor
Field: Aviation
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- License: The Petitioner provided evidence of his license as an airline transport pilot, which was recognized as satisfying one of the exceptional ability criteria.
Criteria Not Met:
- Academic Record: The certificates and course completions provided did not meet the requirements of an official academic record from a recognized institution of learning, as required by the regulation.
- Experience: The evidence provided did not demonstrate at least ten years of full-time experience in the occupation, as it lacked details about the Petitioner’s job duties and did not confirm full-time employment.
- Professional Association Membership: The Petitioner did not establish that his membership in the Aircraft Owners and Pilots Association (AOPA) constituted membership in a professional association as defined by the regulations.
Key Points from the Decision
Proposed Endeavor:
The Petitioner proposed to work as a commercial airline pilot and flight instructor in the United States.
Substantial Merit and National Importance:
The appeal was dismissed because the Petitioner did not establish eligibility for the EB-2 classification as an individual of exceptional ability. The evidence did not sufficiently demonstrate that his skills and achievements were significantly above those ordinarily encountered in the aviation field.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
This prong was not analyzed in detail due to the failure to meet the eligibility criteria for the underlying EB-2 classification.
Supporting Evidence:
The Petitioner submitted various certificates, a license, and letters of recommendation, but these were insufficient to establish the required level of exceptional ability in the field of aviation.
Inconsistencies in Proposed Endeavor:
The Petitioner’s argument that his flight hours and other qualifications significantly exceeded those of his peers was not substantiated by independent evidence, and the recommendation letters did not provide specific details to support claims of exceptional ability.
Supporting Documentation
Certificates and Licenses:
The Petitioner provided certificates from various institutions and his airline transport pilot license. However, the certificates did not meet the requirements for an official academic record, and the evidence of experience did not demonstrate full-time employment or specific job duties.
Recommendation Letters:
Letters from colleagues praised the Petitioner’s professionalism but did not provide sufficient evidence to support claims of exceptional ability beyond what is typical in the field.
Conclusion
Final Determination: The appeal was denied because the Petitioner did not establish that he qualified for second-preference classification as an individual of exceptional ability in the field of aviation. The evidence provided was insufficient to demonstrate that waiving the job offer requirement would benefit the United States on a national level.
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