Date of Decision: June 7, 2022
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: [Not specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Advanced Degree: The Petitioner qualified as a member of the professions holding an advanced degree.
Criteria Not Met:
- National Interest Waiver: The Petitioner failed to establish that a waiver of the required job offer and labor certification would be in the national interest.
Key Points from the Decision
Proposed Endeavor:
The Petitioner proposed to work as an architect, focusing on projects with substantial merit and national importance.
Substantial Merit and National Importance:
The Petitioner claimed that his work in architecture had substantial merit and national importance but did not provide sufficient evidence to support this claim.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The evidence presented did not convincingly demonstrate that waiving the job offer requirement and labor certification would be beneficial to the United States.
Supporting Evidence
The Petitioner did not submit additional evidence or a detailed brief within the 30-day period after filing the appeal.
Inconsistencies in Proposed Endeavor
The Petitioner’s general assertion of eligibility without specific supporting evidence led to the summary dismissal of the appeal.
Supporting Documentation
Letters of Intent:
None provided.
Business Plan:
None provided.
Advisory Letter:
None provided.
Any Other Supporting Documentation:
None provided.
Conclusion
The appeal was summarily dismissed. The petitioner did not provide a specific basis for challenging the Director’s decision or submit additional evidence to support his claim.
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