Commercial Pilot, Captain, Co-Pilot, And Instructor
Aviation Industry · 2024-10-02
Decision Date
2024-10-02
This case is from a USCIS Administrative Appeals Office (AAO) appeal decision. Appeal cases represent a subset of petitions and may not reflect typical outcomes.
Proposed Endeavor
The petitioner's proposed endeavor is to advance his career as a commercial pilot in the United States by working as a captain, co-pilot, and instructor. He described his skills and certifications and stated he would pursue pilot positions within U.S. airline companies and other aviation organizations, focusing on cargo positions for regional, national, or cargo airlines in the United States. He also stated he could also work for the private industry as, for example, an emergency medical services pilot. He described the demand for trainers and how he would alleviate tremendous industry shortage by offering his training expertise. He described teaching basic flight skills, emergency procedures, aviation regulations, safety procedures, and communication skills. He stated he could also apply for training jobs in schools and airlines as an instructor, where he would provide a comprehensive education and training program to prepare pilots.
Framework Evaluation
0 of 3 criteria met
1The proposed endeavor has both substantial merit and national importanceNot Met
The petitioner established substantial merit but failed to demonstrate national importance. The RFE response was deemed a material change and not considered for eligibility.
2The individual is well-positioned to advance their proposed endeavorNot Met
This prong was not evaluated by USCIS, as the decision on Prong 1 was dispositive of the appeal.
3On balance, waiving the job offer requirement would benefit the United StatesNot Met
This prong was not evaluated by USCIS, as the decision on Prong 1 was dispositive of the appeal.
Why This Petition Was Denied
The appeal was dismissed because the petitioner failed to establish the national importance of his proposed endeavor under Dhanasar's first prong. USCIS determined that the petitioner's RFE response, which included an intention to establish a flight school, constituted a material change to the initial proposed endeavor and was not considered. The submitted industry articles and report discussed the general importance of the airline industry and pilot shortages, but did not sufficiently link to the national importance of his specific endeavor or demonstrate broad impact beyond his future employer(s). The petitioner did not show how training hundreds of pilots would impact the nationwide shortage on a level commensurate with national importance, nor did he demonstrate significant potential to employ U.S. workers or substantial positive economic effects. The second and third Dhanasar prongs were not evaluated.
Request for Evidence (RFE)
Unsuccessfully Addressed
The RFE requested further evidence regarding the national interest waiver. In response, the petitioner submitted an updated statement that included the intention to establish a small flight school, which was considered a material change to the proposed endeavor and thus not accepted for eligibility assessment.
RFE Targets
The proposed endeavor has both substantial merit and national importance
The petitioner proposes to work as a commercial airline pilot and flight instructor, offering educational programs through his own company to partners such as aviation academies, colleges, and airlines. The work involves operating and training others on a wide array of aircraft to address the pilot shortage in the United States.
The petitioner proposes to work as a commercial airline pilot and captain in the United States, utilizing his extensive technical skills and aviation knowledge. His endeavor includes addressing the shortage of experienced pilots, advising on aircraft acquisitions, maintenance, pilot selection, operational oversight, contributing to pilot training and education, and standardizing safety procedures.
The petitioner proposes to continue using his expertise and knowledge in the field of aviation by working as a Pilot for airlines, charter operators, or private companies in the U.S. Alternatively, he is open to serving as a ground, flight, or crew instructor for reputable organizations, and aspires to become a Federal Aviation Administration Check Airman or Inspector.
The petitioner proposes to work as an airline training captain, flight instructor, and 'Full Motion' simulator instructor for Boeing 777/787 aircraft. He aims to train hundreds to thousands of aspiring pilots to meet industry standards and help alleviate the pilot shortage in the U.S. aviation sector.
Frequently Asked Questions
A dismissed EB-2 NIW petition means USCIS found the evidence insufficient to meet the eligibility criteria. Common reasons include weak documentation, failure to meet the required number of criteria, or insufficient evidence of the claimed qualifications. Petitioners can refile with stronger evidence or explore alternative visa categories.
