Date of Decision: April 5, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Architecture
Petitioner Information
Profession: Architect
Field: Architecture
Nationality: [Nationality Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Advanced Degree: The petitioner holds an advanced degree in architecture, fulfilling the requirement for an advanced degree professional.
- Proposed Endeavor of National Importance: The petitioner’s proposed work in sustainable building design was recognized as having substantial merit and national importance.
Criteria Not Met:
- Substantial Merit and National Importance: Although the endeavor has substantial merit, the petitioner failed to demonstrate that the proposed benefits to the U.S. significantly outweighed the lack of a job offer.
- Balance of National Interest: The petitioner did not sufficiently show that it would be in the national interest to waive the labor certification requirements.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to contribute to the U.S. architectural field by developing innovative sustainable building designs that reduce environmental impact and enhance energy efficiency.
Substantial Merit and National Importance:
The Administrative Appeals Office (AAO) acknowledged the substantial merit and national importance of the petitioner’s work in sustainable architecture. However, it found that the petitioner did not provide enough evidence to show that the endeavor’s benefits to the U.S. justified waiving the job offer requirement.
Supporting Evidence:
The petitioner submitted various documents, including letters of intent from potential clients and advisory letters from industry experts. However, the evidence was deemed insufficient to prove that the benefits of the petitioner’s work outweighed the need for a labor certification process.
Inconsistencies in Proposed Endeavor:
The AAO noted inconsistencies in the petitioner’s claims about the potential impact and reach of their proposed work. The evidence provided did not clearly establish how the petitioner’s contributions would result in significant national benefits.
Supporting Documentation
Letters of Intent:
Several letters of intent were provided, indicating interest from potential clients in the petitioner’s sustainable building designs. However, these letters were not sufficient to demonstrate a significant national impact.
Business Plan:
A business plan outlining the petitioner’s approach to sustainable architecture was submitted. The plan highlighted innovative techniques but lacked detailed projections on the broader impact on the U.S. economy and environment.
Advisory Letters:
Advisory letters from experts in the field of architecture supported the petitioner’s expertise and the importance of sustainable design. However, these letters did not adequately address the national importance of waiving the job offer requirement.
Conclusion
Final Determination: The appeal was dismissed. The petitioner did not meet the burden of proof to demonstrate that the benefits of their work in sustainable architecture justified a waiver of the job offer requirement.
Reasoning:
The AAO determined that, while the petitioner’s work has merit and potential national importance, the evidence provided did not establish that it would be in the national interest to waive the labor certification process. The petitioner did not sufficiently demonstrate that their proposed contributions to the U.S. architecture field outweighed the need for a job offer and labor certification.
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