Date of Decision: October 18, 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:
Degree/Diploma:
The petitioner submitted a diploma and a certificate of specialization in transportation. However, the official academic record was not provided, leading to discrepancies and missing transcripts. Therefore, the evidence did not conclusively support the criteria.
Professional License:
The petitioner holds a pilot’s license, satisfying the requirement for a professional license or certification for a particular profession.
Membership in Professional Associations:
The petitioner is a member of the Sindicato Nacional Dos Aeronautas (SNA), or National Aeronautics Union, meeting the criteria for evidence of membership in professional associations.
Criteria Not Met:
Ten Years of Experience:
Letters from current or former employers did not provide specific details about job duties, dates of employment, or whether the employment was full-time, failing to meet the requirement for ten years of full-time experience.
Exceptional Salary or Remuneration:
The petitioner did not submit evidence of commanding a salary or other remuneration demonstrating exceptional ability.
Recognition for Achievements and Contributions:
Although the petitioner provided letters from colleagues praising his abilities, there was no independent testimony from field experts corroborating significant contributions to aviation, failing to meet the criteria for recognition of achievements.
Key Points from the Decision
Proposed Endeavor:
The petitioner aimed to fill a pilot position due to the airline pilot shortage, serve as a flight instructor, train new pilots, monitor aircraft systems to improve flight efficiency, and generate tax revenue. However, the petitioner did not sufficiently demonstrate the national importance of this endeavor.
Substantial Merit and National Importance:
While the proposed endeavor has substantial merit, it did not establish its national importance. The evidence provided did not demonstrate the petitioner’s positioning to advance the endeavor significantly.
Supporting Evidence:
The petitioner provided letters of experience, professional licenses, and memberships in professional associations. However, there were inconsistencies and lack of independent verification, leading to a conclusion that the petitioner did not possess exceptional ability significantly above that ordinarily encountered.
Inconsistencies in Proposed Endeavor:
The discrepancies in educational documentation and lack of comprehensive evidence to support claims of exceptional ability and significant contributions were noted.
Supporting Documentation
Letters of Intent:
Not specifically provided.
Business Plan:
Not specifically provided.
Advisory Letter:
Not specifically provided.
Any Other Supporting Documentation:
Diplomas and certificates with missing transcripts and explanations.
Letters from colleagues without independent corroboration.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not establish eligibility for the underlying EB-2 classification as an advanced degree professional or an individual with exceptional ability. Consequently, he did not meet the criteria for a national interest waiver.
