Date of Decision: January 10, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Skydiving Instruction
Petitioner Information
- Profession: Skydiving Instructor
- Field: Skydiving Instruction
- Nationality: Not Specified
Summary of Decision
- Initial Decision: Denied
- Appeal Outcome: Denied
Evidentiary Criteria Analysis
- Criteria Met:
- Criterion 1: Holds a USPA license and skydiving instructor certifications.
- Criteria Not Met:
- Criterion 1: Does not hold an advanced degree relevant to the field of skydiving instruction.
- Criterion 2: Lacks sufficient experience and recognition in the field to meet the exceptional ability criteria.
Key Points from the Decision
- Proposed Endeavor:
- The petitioner seeks to work as a skydiving instructor in the U.S., aiming to advance the field through knowledge, innovation, and training.
- Substantial Merit and National Importance:
- The appeal failed to establish that the petitioner’s endeavor has substantial merit and national importance. The evidence provided did not sufficiently demonstrate the specific impact of the petitioner’s endeavor on the national level.
- Supporting Evidence:
- Included USPA certifications and letters from U.S. skydiving facilities expressing interest in hiring the petitioner. However, the evidence was insufficient to demonstrate eligibility for the national interest waiver.
- Inconsistencies in Proposed Endeavor:
- The business plan and additional submissions lacked specific details about the scope or aims of the petitioner’s endeavors beyond general employment as an instructor.
Supporting Documentation
- Business Plan:
- The submitted business plan did not provide specific information regarding the scope or aims of the endeavor.
- Advisory Letter:
- Letters from industry professionals praised the petitioner’s skills but failed to establish significant contributions to the field.
Conclusion
- Final Determination: The appeal is dismissed, and the initial decision to deny the EB-2 NIW petition is upheld.
- Reasoning: The petitioner did not meet the necessary criteria to demonstrate that the endeavor would have substantial merit and national importance or that he qualifies as an individual with exceptional ability or as a professional holding an advanced degree.
