Date of Decision: March 28, 2024
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: Colombian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Education and Training: Satisfied with certificates from aviation programs and a U.S. Airline Transport Pilot certification.
- Professional Licensing: Met through multiple pilot licenses authorizing commercial aircraft operation.
Criteria Not Met:
- Professional Experience: Lack of sufficient evidence to demonstrate ten years of full-time experience.
- Salary as Evidence of Exceptional Ability: Insufficient proof that the petitioner’s salary reflects exceptional ability.
- Professional Association Membership: The membership in the Aircraft Owners and Pilots Association does not meet the professional criteria for EB-2 classification.
- Recognition for Achievements: Insufficient evidence of significant contributions to the industry.
Key Points from the Decision
Proposed Endeavor:
The petitioner aimed to continue his career in the U.S. aviation industry, focusing on roles that leverage his experience and training.
Substantial Merit and National Importance:
Although the petitioner’s endeavor in aviation has merit, there was insufficient evidence to prove its national importance or that his expertise stands out significantly in the field.
Supporting Evidence:
Documentation included educational certificates, pilot licenses, and employer letters. However, the evidence failed to convincingly demonstrate exceptional ability or national significance.
Inconsistencies in Proposed Endeavor:
Lack of clear evidence on how the petitioner’s skills uniquely contribute to the U.S. aviation sector or his standout role in it.
Supporting Documentation
Licenses:
Several licenses confirm his authorization to operate commercial aircraft.
Training Certificates:
Certificates from various aviation training programs, including emergency response and proficiency in English.
Employer Letters:
General commendations but no specific evidence of exceptional contributions to aviation.
Conclusion
The appeal was denied. The petitioner did not sufficiently demonstrate eligibility under the EB-2 classification criteria, nor did he establish that a national interest waiver would be appropriate based on his qualifications and proposed endeavour.
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