Date of Decision: MAR. 15, 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: Commercial Pilot
Field: Aviation
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Criterion 1: The Petitioner has a degree or certificate from an institution of learning, and he possesses licensure or certification as a pilot.
Criteria Not Met:
Criterion 1: The Petitioner did not establish that the completion of flight school and possession of a pilot’s license represents a level of expertise consistent with exceptional ability, as these are considered basic credentials for employment in the field.
Criterion 2: The Petitioner’s length of experience, while notable, does not inherently establish exceptional ability, as it is a common qualification among professionals in the field.
Key Points from the Decision
Proposed Endeavor
The Petitioner aims to work as a commercial pilot and provide pilot services and aeronautical consulting for new pilots through his own company. He has worked as a pilot since 1998, including roles with commercial airlines, exporters, and as an instructor and demonstration pilot for an aircraft construction company.
Substantial Merit and National Importance: While the Petitioner’s work in aviation has substantial merit, the evidence did not demonstrate national importance. The documentation provided did not show how his activities would significantly impact the aviation industry on a national scale.
Supporting Evidence: The evidence included letters from employers highlighting the Petitioner’s achievements, Brazilian income tax returns, statistics about Brazilian pilots’ salaries, and flight logs and reports from Brazil. However, these documents did not sufficiently demonstrate exceptional ability or national importance.
Inconsistencies in Proposed Endeavor
The evidence presented did not adequately demonstrate that the Petitioner’s achievements and experience represent a degree of expertise significantly above that ordinarily encountered in the field of commercial aviation. The evidence also did not establish the broader impact required for national importance.
Supporting Documentation
Letters of Intent: Not specified
Business Plan: Not specified
Advisory Letter: Not specified
Any other supporting documentation: The Petitioner submitted flight logs, reports from Brazil, and statistics about pilots’ salaries, but these did not establish exceptional ability or national importance.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The Petitioner did not meet the requirements for establishing exceptional ability or national importance. The evidence provided did not sufficiently demonstrate a significant impact on the aviation industry on a national level. Consequently, the Petitioner did not qualify for the national interest waiver, and further analysis of the remaining criteria was unnecessary.
