Date of Decision: FEB. 3, 2022
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Architecture and Civil Engineering
Petitioner Information
Profession: Architect and Professor
Field: Architecture and Civil Engineering
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Criterion: Substantial merit of proposed endeavor
Description: The petitioner’s work as an architect and professor, focusing on designing, planning, and developing complex architectural and engineering projects, holds substantial merit in the architecture profession.
Criteria Not Met:
Criterion: National importance of proposed endeavor
Description: The petitioner did not provide sufficient evidence demonstrating that his proposed work has broader implications for the field or significant potential to employ U.S. workers or offer substantial positive economic effects.
Key Points from the Decision
Proposed Endeavor:
The petitioner intended to continue his career in architecture by applying his skills in designing, planning, and developing complex architectural and engineering projects. He also planned to teach architecture and civil engineering, focusing on techniques and methodologies such as Building Information Modeling (BIM).
Substantial Merit and National Importance:
The petitioner’s proposed endeavor in architecture and teaching was found to have substantial merit. However, the evidence did not demonstrate that the work stands to have broader implications for the field or significant national impact.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner’s statements and evidence did not sufficiently establish that waiving the labor certification requirements would be beneficial to the United States. The potential impact of his work did not rise to the level of national importance.
Supporting Evidence
The petitioner provided various articles and reports related to architecture, construction, real estate, and the economic impact of affordable housing. These documents were meant to support the claim of national importance but fell short in demonstrating significant broader implications.
Inconsistencies in Proposed Endeavor
The petitioner’s evidence lacked specific information and projections regarding the U.S. economic impact and job creation attributable to his future work. This absence weakened the argument for national importance.
Supporting Documentation
Letters of Intent:
No specific letters of intent were mentioned in the document.
Business Plan:
No specific business plans were mentioned in the document.
Advisory Letter:
No specific advisory letters were mentioned in the document.
Any Other Supporting Documentation:
The petitioner included general industry reports and articles that discussed economic impacts and trends in architecture and construction.
Conclusion
The appeal was dismissed. The petitioner did not meet the requisite first prong of the Dhanasar analytical framework, as he failed to establish the national importance of his proposed endeavor. As a result, further analysis of eligibility under the second and third prongs was deemed unnecessary.
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