Entrepreneur

The petitioner plans to offer commercial airline pilot services to U.S. employers, leveraging his experience in flying domestic and international flights, conducting flight operations, and implementing new airplane models and routes.

The appeal was dismissed because the Petitioner failed to establish eligibility for the underlying EB-2 classification as an individual of exceptional ability. While the Director found the Petitioner met four initial criteria (academic record, ten years of experience, professional association membership, and recognition for achievements), the AAO concluded that the totality of evidence did not demonstrate a degree of expertise significantly above that ordinarily encountered in the field. Specific issues included insufficient explanation of how flight hours or aircraft certifications demonstrated exceptional ability, lack of corroborating documentation for leadership roles in the Ethiopian Airline Pilot Association (ALP-ETH), and a single paystub being insufficient to establish an exceptional salary.

The petitioner intends to work as a pilot for U.S. airlines to address the pilot shortage, serve as a flight instructor at flight schools to train new pilots, and monitor aircraft systems to improve flight efficiency. The endeavor also aims to generate tax revenue through professional employment.

The appeal was dismissed because the petitioner failed to provide sufficient evidence to satisfy at least three of the six criteria for exceptional ability under 8 C.F.R. § 204.5(k)(3)(ii). Specifically, the AAO found that the letters from the petitioner's prior and current employers, while acknowledging admirable work, did not demonstrate recognition for achievements and significant contributions to the aviation industry as a whole, failing to meet criterion (F). The AAO did not reach the Dhanasar prongs for the national interest waiver.