Date of Decision: May 10, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Commercial Pilot
Petitioner Information
Profession: Commercial Pilot
Field: Aviation
Nationality: [Nationality not specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
Certification: Petitioner holds certificates from two flight schools.
Experience: Petitioner has over ten years of full-time experience as a commercial pilot.
Licensing: Petitioner holds licenses as an air transport pilot.
Criteria Not Met:
Economic Impact: Lack of demonstrated significant economic impact.
Research Plan: No research plan applicable to the petitioner’s proposed endeavor.
Key Points from the Decision
Substantial Merit and National Importance: The Director’s decision did not determine the substantial merit of the petitioner’s endeavor as a commercial pilot.
National Importance: The Director concluded that the petitioner’s proposed endeavor does not hold national importance without detailed analysis of the evidence.
Proposed Endeavor
The petitioner aims to continue working as a commercial pilot. He is currently employed by a major airline and has more than 13 years of experience in the field. The proposed endeavor focuses on the operational aspect of aviation rather than research or economic development.
Substantial Merit and National Importance
The Director’s decision failed to analyze the substantial merit and national importance of the petitioner’s proposed endeavor. It is essential to determine the impact of the endeavor on national security, safety, and advancement of aviation standards. The petitioner’s continued employment as a commercial pilot potentially contributes to the national interest by addressing the shortage of qualified pilots in the United States.
Supporting Evidence
Letters of Support: Provided by fellow commercial pilots emphasizing the petitioner’s skills and contributions to aviation.
Employment Records: Documentation of over 13 years of experience and employment with a major airline.
Licenses and Certificates: Evidence of the petitioner’s certifications and licenses necessary for commercial aviation.
Inconsistencies in Proposed Endeavor
The Director’s decision mentioned inconsistencies but did not specify them. The record review did not reveal any material inconsistencies that would impact the petitioner’s eligibility for a national interest waiver.
Supporting Documentation
Letters of Intent: Provided, supporting the petitioner’s qualifications and the importance of his role as a commercial pilot.
Business Plan: Not applicable as the petitioner’s endeavor is operational rather than entrepreneurial.
Advisory Letters: Included from industry peers affirming the petitioner’s expertise and contributions.
Conclusion
Final Determination: The Director’s decision is withdrawn. The case is remanded for a new decision based on the provided analysis.
Reasoning: The petitioner demonstrated substantial merit and national importance through continued employment in a field crucial for national security and aviation safety. The appeal should be reconsidered with a comprehensive evaluation of the petitioner’s contributions to the field of aviation.
