Date of Decision: March 27, 2017
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Chemical Engineering
Petitioner Information
Profession: Chemical Engineer
Field: Bio-energy Production and Carbon Capture
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Evidentiary Criteria Analysis
Criteria Met:
Substantial Merit and National Importance: The Beneficiary’s research aims to develop clean energy solutions that improve the economic and environmental health of the United States.
Well Positioned to Advance the Proposed Endeavor: The Beneficiary has a proven track record of leading high-profile projects, receiving substantial funding, and demonstrating practical application in industry settings.
Criteria Not Met:
None specified in the decision.
Key Points from the Decision
Proposed Endeavor:
The Beneficiary’s work involves developing new processes for non-petroleum-based biofuel production and carbon capture, aiming to advance scientific knowledge and further economic and environmental interests.
Substantial Merit and National Importance:
The Petitioner’s work is significant in developing technologies that convert biomass into transportation fuels, potentially replacing billions of barrels of oil and reducing carbon dioxide emissions.
The proposed research has been recognized for its potential to enhance U.S. energy security and reduce greenhouse gas emissions, receiving support from multiple experts and federal agencies.
Supporting Evidence:
Letters from colleagues, professors, and industry representatives highlighted the importance and national security interest of the Beneficiary’s work.
Evidence of substantial funding from federal agencies and successful project outcomes were provided.
Inconsistencies in Proposed Endeavor:
No inconsistencies noted.
Supporting Documentation
Letters of Intent:
Described the national importance of the Beneficiary’s research and its potential impact on energy security and greenhouse gas reduction.
Business Plan:
Not applicable or not provided.
Advisory Letter:
Provided by multiple experts affirming the importance and impact of the Beneficiary’s work on national interests.
Any Other Supporting Documentation:
Detailed evidence of successful project leadership, funding, and practical application in industry settings.
Conclusion
The appeal was approved. The petitioner demonstrated that the Beneficiary’s contributions to clean energy technology and biofuel production are of substantial merit and national importance, and that he is well positioned to advance these endeavors. On balance, it was determined that waiving the job offer requirement would benefit the United States.
Download the Full Petition Review Here
In Re: R-T-I-
Document Name: MAR272017_01B5203