Date of Decision: October 7, 2022
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: Denied
Evidentiary Criteria Analysis
Criteria Met:
Advanced Degree:
The Petitioner demonstrated that he holds the equivalent of an advanced degree.
Exceptional Ability:
The Petitioner’s experience and skill set were acknowledged as impressive.
Criteria Not Met:
National Importance:
The proposed endeavor of working as a pilot in the United States was not demonstrated to have national importance.
The provided evidence did not sufficiently explain how the Petitioner’s work would resolve the pilot shortage or produce an impact rising to the level of national importance.
Impact Beyond Employer:
The evidence did not support that the Petitioner’s work would have an impact beyond benefiting his employer and passengers.
Key Points from the Decision
Proposed Endeavor:
The Petitioner proposed to work as a pilot for U.S. airline companies, emphasizing his expertise in flight operations, flight training, co-pilot evaluations, flight safety, and aircraft maintenance.
Substantial Merit and National Importance:
The Petitioner stated that his work would address the pilot shortage, train new pilots, and improve flight efficiency.
The Petitioner’s proposed endeavor was argued to have ripple effects benefiting the U.S. economy through improved air travel and transportation of goods.
Supporting Evidence:
The Petitioner submitted articles on the shortage of airline pilots, industry reports, a national interest waiver eligibility advisory opinion, recommendation letters, and his professional plan.
The evidence provided did not sufficiently discuss the Petitioner’s specific proposed endeavor or its national importance.
Inconsistencies in Proposed Endeavor:
The Petitioner’s proposed endeavor was seen as primarily benefiting his career rather than having a substantial national impact.
Supporting Documentation
Letters of Intent:
Provided, but did not convincingly establish the national importance of the Petitioner’s proposed endeavor.
Business Plan:
Included but did not sufficiently demonstrate how the Petitioner’s work would have a significant impact on the national level.
Advisory Letter:
Submitted but lacked detailed analysis on how the proposed endeavor would be of national importance.
Any other supporting documentation:
Additional documents were reviewed but did not change the overall conclusion.
Conclusion
Final Determination:
The Petitioner did not meet the requirements for a national interest waiver.
Reasoning:
The Petitioner’s proposed endeavor, while valuable, did not rise to the level of national importance as required by the first prong of the Dhanasar framework.
The appeal was dismissed because the evidence did not sufficiently demonstrate the national importance of the proposed endeavor.
