Date of Decision: January 11, 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
Criteria Met:
Substantial Merit: The Director concluded that the Petitioner’s proposed endeavor to work as a pilot in the U.S. aviation industry had substantial merit due to the recognized pilot shortage and the importance of aviation safety and efficiency.
Criteria Not Met:
National Importance: The Petitioner failed to demonstrate how his specific work as a pilot would have a significant national impact beyond addressing a labor shortage.
Well-Positioned to Advance the Proposed Endeavor: The evidence did not establish that the Petitioner’s specific qualifications and proposed activities would meaningfully impact the field on a national scale.
Balance of Benefits: The benefits of waiving the job offer requirement did not outweigh the standard labor certification requirements, as the national impact of the Petitioner’s work was not sufficiently demonstrated.
Key Points from the Decision
Proposed Endeavor:
The Petitioner intended to use his extensive experience in aviation to help alleviate the pilot shortage in the U.S., thereby improving the efficiency and safety of the aviation industry. His experience spans areas such as flight operations, international flight operations, military aviation, crew resource management, and flight safety.
Substantial Merit and National Importance:
Substantial Merit: The proposed endeavor was recognized as valuable due to the current pilot shortage and its potential benefits to aviation safety and efficiency.
National Importance: The endeavor was not found to have a national impact. The provided evidence did not sufficiently demonstrate how the Petitioner’s work as a pilot would have broader implications for the U.S. aviation industry.
Supporting Evidence:
The Petitioner submitted various supporting documents, including industry reports on the pilot shortage, recommendation letters, and an advisory opinion on his eligibility for a national interest waiver.
Recommendation Letters: Highlighted the Petitioner’s extensive experience and expertise in aviation but did not establish a broader national impact.
Advisory Opinion: Focused on the Petitioner’s qualifications and the general pilot shortage, lacking specific analysis on the national importance of his proposed endeavor.
Inconsistencies in Proposed Endeavor:
Inconsistency: The Petitioner’s general intent to work as a pilot in the U.S. was not specific enough to determine the broader impact on the aviation field.
Supporting Documentation
Letters of Intent:
Summary: Not specified.
Business Plan:
Summary: Not specified.
Advisory Letter:
Summary: The advisory letter primarily reiterated the Petitioner’s qualifications and the general importance of addressing the pilot shortage, without detailing the national impact of the Petitioner’s specific activities.
Any other supporting documentation:
Summary: The record included numerous articles and industry reports that highlighted the pilot shortage but did not specifically address the Petitioner’s proposed contributions.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning:
The Petitioner did not provide sufficient evidence to establish that his proposed endeavor as a pilot had national importance.
The record lacked detailed information on how his work would produce substantial positive economic effects or broader impacts at a national level.
Without meeting the first prong of the Dhanasar framework, the petition failed to justify a national interest waiver.
Download the Full Petition Review Here
Footer:
- In Re: 22679096
- JAN112023_04B5203.pdf
