Date of Decision: September 6, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Civil Engineering
Petitioner Information
- Profession: Civil Engineer and Entrepreneur
- Field: Civil Engineering
- Nationality: Not Specified
Summary of Decision
- Initial Decision: Denied
- Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
The petitioner, a civil engineer and entrepreneur, sought classification under the EB-2 category as a member of the professions holding an advanced degree and requested a national interest waiver. The Director of the Texas Service Center denied the petition, concluding that while the petitioner qualified as an advanced degree professional, he did not establish that a waiver of the job offer requirement would be in the national interest. The Administrative Appeals Office (AAO) reviewed and dismissed the appeal.
Key Points from the Decision
- Proposed Endeavor: The petitioner intended to work as an engineer and CEO of his own company, focusing on developing small and medium-sized real estate projects, including low-cost residential properties aimed at serving low-income populations. The petitioner argued that his work would contribute to reducing the housing deficit in the U.S. and attract foreign investments.
- Substantial Merit and National Importance: While the petitioner’s endeavor of providing affordable housing aligns with federal priorities, the AAO concluded that the proposed work did not meet the national importance criterion under the Matter of Dhanasar framework. The petitioner provided letters of recommendation, a business plan, and press releases to support his claims. However, the AAO found that these documents did not demonstrate how the endeavor would have a significant impact beyond the local community in Florida where the petitioner intended to build housing. The AAO emphasized that while the business plan projected growth, it lacked corroborating evidence to support claims of substantial economic impact at the regional or national level.
- Supporting Evidence: The petitioner’s business plan included financial forecasts, staffing projections, and descriptions of potential benefits to the U.S. economy. However, the AAO found that the evidence provided was insufficient to demonstrate that the petitioner’s endeavor would extend beyond its immediate community to have a broader impact on the U.S. housing market or economy.
Conclusion
Final Determination: The appeal was dismissed because the petitioner did not establish that his proposed endeavor had national importance. As a result, he did not qualify for a national interest waiver.
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