Originally Posted by
Newcomer2
I 've just been through the process with a lawyer, spent around 10K usd.
My profile: 9000h tt, 3000h pic on 737 and 320, 17 years in the industry.
4 ATPLs (including the FAA one). Worldwide experience, ETOPS, Cat C airports, high altitude airports,...
Letters of recommendation from test pilots, directors of flight ops, chief pilots, instructors/examiners, even a board member of a reputed airline. I'm also a member of a reputed association. I have a bachelor's degree (not aviation related though). I thought I had a pretty good shot.
Answer from the USCIS: they sent me an RFE (request for further evidence). Basically not a no yet, but they said that I failed to demonstrate that I am exceptional, and that a pilot shortage is not enough to grant me the EB2 NIW because it's not the purpose of this visa. They want more evidence that giving me a work visa will benefit the US. They want evidence of contributions that I made to the industry. I cannot give them more than what I already gave them, so I'm giving up. I've got a pretty good job back home now anyway.
It might have been different had I been an instructor/examiner, or maybe I was just unlucky to be evaluated by a picky person...
But it's definitely not as easy as some people would like us to believe.
I wouldn’t give up, just yet. You obviously thought it worthwhile investing in a lawyer: they should be able to work out what is needed to tip you over the threshold.
My dilemma was always whether to go for a lawyer that understands aviation, or one that understands immigration. I chose the latter.
I previously dealt with an RFE myself (different visa). Restated, and answered every one of the 4 objections, included the 200-page logbook (and advised USCIS not to read it!) It was approved shortly after.
This is why most would need to use a lawyer: they convert our ‘wishful thinking’ into compliance, and furthermore into the language that guarantees acceptance.
Good luck.