Date of Decision: December 8, 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 Captain
Field: Aviation
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Advanced Degree: The Petitioner was determined to qualify for the underlying EB-2 classification.
Criteria Not Met:
- Substantial Merit and National Importance: The Petitioner did not establish that his proposed endeavor of continuing work as a commercial captain, while mentoring younger generations in aviation, would have national importance. The Petitioner’s claims of mitigating the pilot shortage and improving economic impacts through his work were considered speculative and not substantiated with evidence demonstrating a broader impact.
Key Points from the Decision
Proposed Endeavor:
The Petitioner proposed to continue his work as a commercial captain for Airbus A320 aircraft and mentor younger generations in the aviation industry, particularly focusing on promoting diversity and inspiring new pilots.
Substantial Merit and National Importance:
The appeal was dismissed because the evidence provided did not demonstrate that the Petitioner’s work would have a significant impact on the aviation industry or broader U.S. economy. While mentoring and promoting diversity are valuable contributions, they were not shown to operate on a scale that would rise to the level of national importance. The Petitioner’s claims about alleviating pilot shortages and contributing to economic growth were not supported with sufficient evidence to establish national significance.
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 initial evidentiary requirements regarding national importance.
Supporting Evidence:
The Petitioner submitted letters of recommendation, statements, training documents, certificates, and articles related to the aviation industry. However, these were insufficient to establish the required level of national importance or exceptional ability in the field of aviation.
Inconsistencies in Proposed Endeavor:
The Petitioner’s claims of national importance were not supported by specific evidence, and the recommendation letters did not provide detailed explanations of how the Petitioner’s work would have a broader impact on the aviation industry.
Supporting Documentation
Training Documents and Certificates:
The Petitioner provided various documents related to his training and certification as a commercial captain, but these did not demonstrate how his work would have substantial positive economic effects at a national level.
Recommendation Letters:
Letters from colleagues emphasized the Petitioner’s mentoring and professional abilities but did not provide sufficient evidence to support claims of national importance or broader implications of his work.
Conclusion
Final Determination: The appeal was denied because the Petitioner did not establish that his proposed endeavor as a commercial captain would have national importance or broader implications 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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