Date of Decision: September 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: Pilot
- Field: Aviation
- Nationality: Not Specified
Summary of Decision
- Initial Decision: Denied
- Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
The petitioner, a pilot, sought classification under the EB-2 category as a member of the professions holding an advanced degree and requested a national interest waiver. The Director of the Texas Service Center denied the petition, concluding that the petitioner did not sufficiently demonstrate that waiving the job offer requirement would be in the national interest. The Administrative Appeals Office (AAO) reviewed and dismissed the appeal.
Key Points from the Decision
- Substantial Merit and National Importance: The petitioner initially proposed to continue working in the United States as a pilot and airline captain. However, in response to a request for evidence (RFE), the petitioner expanded his proposed endeavor to include opening a new flight academy to train pilots and providing consultation services as a vice president of a private aviation company. The AAO noted that this change in the proposed endeavor constituted a material change to the original petition, which is not permissible under USCIS regulations. As such, the AAO focused on the initial proposed endeavor, which involved continuing work as a pilot and providing mentorship, instruction, and consultation services within the aviation industry. The AAO determined that the petitioner did not provide sufficient information to clearly define his proposed endeavor or demonstrate its national importance. While the petitioner cited a pilot shortage and the importance of the aviation industry to the U.S. economy, the AAO found that the petitioner did not substantiate how his specific work as a pilot would address these issues or have a significant impact on the national level. The petitioner’s proposed work was seen as benefiting individual employers and passengers rather than having broader implications for the industry or economy.
- Supporting Evidence: The petitioner submitted letters of recommendation, academic credentials, industry articles, and opinion letters in support of his eligibility for the national interest waiver. However, the AAO found that these documents did not sufficiently address the national importance of the petitioner’s proposed endeavor. The letters primarily focused on the petitioner’s qualifications and past work experience rather than the potential broader impact of his proposed work.
Conclusion
Final Determination: The appeal was dismissed because the petitioner did not establish that his proposed endeavor had national importance. As a result, he did not qualify for a national interest waiver.
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