EB-2 NIW Case Study: Approval for Aviation Systems Engineer from South Africa South Africa Aviation Systems EngineerColombo & Hurd secured approval of an EB-2 National Interest Waiver (NIW) petition for an aviation systems engineer from South Africa whose work focuses on preventing mass flight cancellations. USCIS approved the petition with Premium Processing after we responded to a Request for Evidence (RFE). U.S. airlines depend on crew scheduling software. It tracks which pilots and flight attendants are legally allowed to fly and where each one needs to be. When that software fails, an airline can lose track of its crews, and cancellations can spread across the country within hours. Major airline “meltdowns” in 2022 and 2024, when airlines canceled thousands of flights over several days, showed how fast this can happen. A 2024 federal aviation law now requires airlines to give refunds and help passengers during these mass disruptions. Our client is both an airline pilot and an engineer. He is developing the Disruption Response Platform (DRP), a backup system that takes over crew scheduling automatically when an airline’s main system goes down, keeping flights moving. Partner Anthony S. DeLucia led both the initial petition and the RFE response. Evaluate My Profile Client ProfileA Pilot Who Combines Flight Experience with Industrial EngineeringEB-2 NIW VisaHe holds a bachelor’s and master’s degree in industrial engineering, a field that focuses on making processes work better. He started his career as an air ambulance pilot. He flew first as a first officer (co-pilot) and later as captain. On these flights, planning routes and handling surprises were part of the job. In total, he has more than six years of experience in aviation operations and systems engineering. During that time, our client created practical tools for his fellow crew members. One of them replaced hand calculations and paper forms with a single app, cutting the time pilots spent on paperwork by an estimated 70%. Later, at an aerospace company, he coordinated engineering teams and organized the system that connected the company’s departments. Our client is also a co-author of a scientific article on optimization algorithms, published in an international engineering journal, and has filed a provisional patent application for the method behind the DRP. Today, he flies commercial aircraft for a major U.S. airline and, in parallel, develops the DRP through a company he founded in the United States. The platform already exists as a working test version, evaluated with public U.S. government data on major airline operational crises. In the United States, he intends to refine that version, test it inside airlines through pilot programs, and then offer it to regional and cargo carriers. The Challenge Demonstrating That an Airline Backup System Serves a National Need After the initial review, USCIS issued a Request for Evidence (RFE). RFEs are common in NIW cases. An RFE is not a denial. It means the officer wants more proof before deciding. In this case, USCIS had already accepted that our client holds an advanced degree, that the project has substantial merit, and that he is well positioned to carry it out. The RFE asked for more evidence on two points. First, USCIS wanted to see how the DRP’s impact reaches beyond the airlines that adopt it, since a tool that helps one company is not automatically a matter of national importance. Second, USCIS asked why it would benefit the United States to waive the usual job offer and labor certification requirements for this client. Strategic Response Addressing a Systemic Problem Backed by Government Records The response treated the RFE as an opportunity to show USCIS the full scope and capabilities of the platform. On the first point, the response documented two major airline meltdowns in the United States, in 2022 and in 2024, with different origins and the same outcome: thousands of flights canceled because the carrier lost the ability to reorganize its crews. When the same failure appears at different airlines for different reasons, the problem belongs to the industry, not to one organization. To reinforce that point, the response gathered official sources on the subject. The congressional audit office identified crew availability as one of the main causes of cancellations between 2018 and 2022. A 2024 federal aviation law created new refund and passenger assistance obligations during mass disruptions. The Department of Transportation has also recognized investments in flight recovery tools as a direct benefit to consumers, and the federal government classifies commercial aviation as critical infrastructure. In an expert letter, an aviation economist with 30 years of experience added that the cost of a meltdown falls on passengers, businesses that depend on air cargo, and regional economies, well beyond the airline itself. To the second point, the response explained that our client runs his own company and plans to serve many airlines at once, so no single employer could capture the full value of his work. A detailed business plan projected 15 U.S. jobs within five years, and an updated letter of recommendation provided a concrete example of what the client has already built: a system that cut flight report preparation time from 45 minutes to 10. See If You QualifyGet Your Free EB-2 NIW Visa Profile Evaluation Evaluate My Profile The Result EB-2 NIW Approved with Premium Processing After the RFE Response USCIS approved the EB-2 NIW petition with Premium Processing after the RFE response. This approval positions the client to continue advancing the DRP in the United States. Once permanent residency is obtained, he will be able to run the pilot programs with airlines and expand the platform’s reach. Case Overview Category Details Visa Classification EB-2 National Interest Waiver (NIW) Nationality South Africa Professional Field Aviation Systems Engineering Education Master’s and Bachelor’s Degrees in Industrial Engineering Request for Evidence (RFE) Yes Premium Processing Yes Attorney Anthony S. DeLucia, Partner Outcome I-140 petition approved Date of Approval October 26, 2026 Attorney Perspective Anthony S. DeLuciaPartnerRead More “Every time an airline melts down, millions of people lose flights, connections, and commitments. This client’s platform exists so that the next system failure does not turn into a national crisis.” EB-2 NIW Processing Time (2026): Realistic Timeline & How to Avoid Delays Read More EB-2 NIW Visa: Complete Guide for 2026 Read More In Depth Look at the Second Prong of Dhanasar: Well Positioned to Advance the Endeavor Read More In Depth Look at the First Prong of Dhanasar: Substantial Merit and National Importance Read More In Depth Look at the Third Prong of Dhanasar: Beneficial to the United States Read More This case was handled by Partner Anthony S. DeLucia of Colombo & Hurd, a U.S. immigration law firm specializing in employment-based visas including EB-2 NIW and EB-1A petitions. The firm has secured over 10,000 successful visa and green card approvals for clients from more than 100 countries, including more than 2,500 approvals in EB-2 NIW and EB-1A categories since 2023.