Date of Decision: MAR. 3, 2023
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: Pilot and Flight Instructor
Field: Aviation
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
Criterion 1: The Petitioner submitted a completed copy of Form ETA 9089 parts J, K, and L on appeal.
Criterion 2: The Petitioner demonstrated eligibility for a national interest waiver by providing the necessary documentation.
Criteria Not Met:
Criterion 1: The Petitioner did not provide evidence that a United States baccalaureate degree or its foreign equivalent is the minimum requirement for entry into the occupation of pilot or flight instructor.
Criterion 2: The Petitioner did not meet the requirements for holding an advanced degree as per 8 C.F.R. § 204.5(k)(3)(i)(A) and (B).
Key Points from the Decision
Proposed Endeavor:
The Petitioner seeks to work as a pilot and flight instructor, emphasizing the substantial merit and national importance of this role in the aviation industry.
Substantial Merit and National Importance: The Petitioner highlighted the significance of his role in aviation, focusing on the safety, training, and advancement of the field.
Supporting Evidence: The evidence included the completed Form ETA 9089, academic records, and job-training certificates, aiming to establish the Petitioner’s qualifications and the national importance of his proposed endeavor.
Inconsistencies in Proposed Endeavor:
The Petitioner did not sufficiently demonstrate that his occupation of pilot or flight instructor qualifies as a member of the professions or that it requires a United States baccalaureate degree or its foreign equivalent.
Supporting Documentation
Letters of Intent: Not specified
Business Plan: Not specified
Advisory Letter: Not specified
Any other supporting documentation: Completed Form ETA 9089 parts J, K, and L, academic records, and job-training certificates.
Conclusion
Final Determination: The appeal was remanded.
Reasoning: The Director did not render a determination on the Petitioner’s eligibility for the underlying EB-2 visa classification and on the merits of his request for a national interest waiver. The matter has been remanded for entry of a new decision consistent with the analysis provided.
