Date of Decision: July 14, 2021
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: Pilot
Field: Aviation
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
- Professional Memberships: The petitioner demonstrated membership in relevant professional associations, confirming his standing in the field of aviation.
- Letters of Recommendation: The petitioner provided letters from recognized experts in the field attesting to his exceptional ability and contributions to the aviation industry.
Criteria Not Met:
- Exceptional Ability: The petitioner did not provide adequate evidence to show that he possesses exceptional ability. The documentation provided did not demonstrate expertise significantly above that ordinarily encountered in the aviation field.
- Advanced Degree: The petitioner did not establish that he holds an advanced degree. The petitioner specifically stated that he was relying on exceptional ability rather than an advanced degree for his classification.
Key Points from the Decision
Proposed Endeavor: The petitioner proposed to continue his career as a pilot in the United States, focusing on aviation safety and training. He aimed to contribute to the U.S. aviation industry by enhancing safety protocols and providing advanced training to pilots.
Substantial Merit and National Importance: The petitioner’s endeavor was recognized for its substantial merit due to its potential to address aviation safety and training needs. However, the documentation did not show that his work had broader implications that would significantly impact the U.S. aviation industry at a national level.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process: The petitioner argued that his work would contribute to the U.S. aviation industry by enhancing safety and training standards. However, he did not provide sufficient evidence to support the claim that his contributions would justify waiving the labor certification process, especially given the existing process to address such needs through labor certification.
Supporting Evidence
The petitioner submitted his curriculum vitae, professional memberships, letters of recommendation, and documentation of his achievements in the aviation field. These documents demonstrated his involvement in aviation safety and training. However, the evidence did not sufficiently show that his contributions would have a substantial positive impact on the U.S. aviation industry or create significant job opportunities.
Inconsistencies in Proposed Endeavor
The petitioner’s assertions about his influence and impact were not fully supported by the evidence provided. The documentation did not clearly show that his work had been widely adopted or recognized to the extent necessary to meet the national importance requirement.
Supporting Documentation
Letters of Intent: Not applicable.
Business Plan: Not provided or summarized in the decision.
Advisory Letter: Provided but not sufficiently detailed to support the claim of national importance.
Any Other Supporting Documentation: Included letters from colleagues and professionals, which praised his work but did not adequately demonstrate his significant impact in the field.
Conclusion
The appeal was remanded. The petitioner did not meet the criteria for demonstrating that his proposed endeavor had national importance or that waiving the labor certification requirement would benefit the United States. The evidence provided was insufficient to support his claims of substantial impact and national importance.
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